Safe at Home, Safe at Work: Trade Union Strategies to Prevent

SAFE AT HOME, SAFE AT WORK Trade union strategies to prevent, manage and eliminate work-place harassment and violence against women

Dr. Jane Pillinger ACKNOWLEDGEMENTS

My thanks go to the many people who participated in and contributed to this report and who have helped to organise country visits and interviews for the eleven country case studies and interviews with European organisations. Particular thanks go to Natividad Mendoza, who carried out the Spanish country case study, and to Sylvia Cleff le Divellec, who carried out the French and German country case studies. Thanks also go to the members of the ETUC’s Safe at Home, Safe at Work project Steering Group, including Scarlet Harris (TUC, UK), Rosanna Ruscito (CISL, Italy), Ekaterina Yordonova (FTTUB, Bulgaria), Andreja Poje (ZSSS, Slovenia), Tine Skov Jensen (LO, Denmark) and Inga-Lena Heinisch (ETF), who also assisted with the organisation of country visits and who willingly gave valuable information and contributed their enormous expertise to the project. It is also important to acknowledge the inspiration for the project which came from Ludo McFerron from the University of Sydney, Australia; she and Barb McQuarrie (University of Western Ontario, Canada) gave valuable insights and learning from their respective countries that have enriched this report.

Many thanks also go to the team at the ETUC, including Montserrat Mir (Confederal Secretary), Barbara Helfferich (Advisor), Cinzia Sechi (Advisor) and Laura Moreno Ortis (Project Officer) for their valuable help, advice and expertise during the course of the project. In particular, Barbara Helfferich and Cinzia Sechi gave extremely helpful and much appreciated expert comments and feedback on an earlier draft of this report. Many thanks finally to Veronica Kelly for editing the report.

Dr Jane Pillinger

2 TABLE OF CONTENTS

Acknowledgements 2 Abbreviations 4 Executive summary 5

SECTION 1: INTRODUCTION 8

1.1 Gender-based violence at work: a trade union issue 8 1.2 The ETUC’s ‘Safe at Home, Safe at Work’ project 9 1.3 The importance of a gender perspective 10 1.4 The role and structure of collective bargaining 12 1.5 European policy relevant to gender-based violence at work 14 1.6 Istanbul Convention 16

SECTION 2: GENDER-BASED VIOLENCE AND HARASSMENT AT WORK 19

2.1 Violence and harassment against women at work: an important and (re)emerging workplace issue 19 2.2 Law and policy on gender-based violence at work 19 2.3 Data and evidence 20 2.4 New and emerging issues relating to violence and harassment at work 21 2.5 Collective bargaining agreements and workplace polices 25 2.6 Awareness raising, training and campaigns on gender-based violence at work 34 2.7 Links and cooperation with civil society and women’s organisations 41 2.8 European trade union federations 42 2.9 Learning and challenges faced by unions 43

SECTION 3: DOMESTIC VIOLENCE AS A WORKPLACE ISSUE 48

3.1 Introduction 48 3.2 Legal framework and the enabling nature of legislation on domestic violence at work 49 3.3 Data on domestic violence at work 51 3.4 The social and economic case for preventing domestic violence at work 51 3.5 The importance of work for independence and autonomy 52 3.6 Union consultation and participation in the development of government policies and strategies 53 on violence against women 3.7 Negotiations for collective agreements and workplace polices 54 3.8 Awareness raising, guidance, training and campaigns 62 3.9 Links and cooperation with civil society and women’s organisations 68 3.10 Learning and challenges faced by unions 72

SECTION 4: CONCLUSIONS AND RECOMMENDATIONS 74

4.1 Conclusions 74 4.2 Recommendations 74

APPENDIX 1: LEGAL FRAMEWORK ON GENDER-BASED VIOLENCE AT WORK 85

APPENDIX 2: NATIONAL SURVEY DATA ON GENDER-BASED VIOLENCE, INCLUDING SEXUAL HARASSMENT AT WORK AND DOMESTIC VIOLENCE AT WORK 89

APPENDIX 3: EXAMPLES OF COLLECTIVE BARGAINING AGREEMENTS AND WORKPLACE POLICIES 95

3 ABBREVIATIONS

CBA Collective bargaining agreement CEMR Council of European Municipalities and Regions COESS Confederation of European Security Services CSR Corporate Social Responsibility EFEE European Federation of Education Employers EIGE European Institute for Gender Equality EPSU European Federation of Public Service Unions ETF European Transport Federation ETUC European Trade Union Confederation ETUCE European Trade Union Committee for Education EU European Union EUROCOMMERCE Represents the Retail, Wholesale and International Trade Employers FRA EU Fundamental Rights Agency HOSPEEM European Hospital and Healthcare Employers’ Association ILO International Labour Organization ITUC International Trade Union Confederation LGBTI Lesbian, gay, bisexual, transgender and intersex EU-OSHA European Agency for Safety and Health at Work TFEU Treaty on the Functioning of the European Union TUC Trade Union Congress UCU University and College Union UNI Global union in commerce, services and related sectors UNI-EUROPA European trade union federation for service sectors, such as private security, commerce, etc. VAWG Violence Against Women and Girls

4 EXECUTIVE SUMMARY

SECTION 1: INTRODUCTION work. Trade unions are campaigning to ensure that there is a strong focus on gender-based violence in the new instru- This report – produced as part of the ‘Safe at Home, Safe ment. The ratification by the EU (and by individual Member at Work’ Project of the European Trade Union Confederation States) of the Council of Europe Convention on preventing and (ETUC) – draws together evidence collected from interviews combating violence against women and domestic violence carried out as part of 11 detailed country case studies of (Istanbul Convention) provides an important framework for an European-level developments on gender-based violence and integrated approach to tackling violence against women. The harassment at work, including domestic violence at work. EU ratification of the Convention will need an EU-level legal Gender-based violence and harassment is a form of discrimi- framework and strategy for implementation, entailing the nation that causes significant harm to women, whether it take involvement of all stakeholders, including the social partners. place in the workplace, in public places, on public transport, in schools and colleges, or in the family. The report shows how trade unions and/or social partners have approached SECTION 2: GENDER-BASED VIOLENCE AND the issue in negotiations, collective bargaining, union aware- HARASSMENT AT WORK ness-raising, training and campaigns, and partnerships with women’s organisations working to end gender-based violence. Section 2 discusses trade union and social partner strategies The report points to good practices in the workplace and relating to gender-based violence and harassment at work. shows the added value of trade unions actions, innovations This covers sexual harassment by colleagues, managers and and negotiations to support victims and create workplaces supervisors in the workplace; third-party violence committed free from violence and harassment. by clients, customers, students, etc.; and violence in public places connected to work, including during travel to and from The ETUC and many of its affiliates have long campaigned to work. It provides evidence, including data and feedback from end gender-based violence, and it has been a core objective trade unions and other stakeholders, that if gender-based vio- of recent action programmes. One of the objectives of the lence is to be eliminated, then there is a need for a specific ETUC’s Action Programme on Gender Equality, 2016-2019, is gender focus to tackle its underlying causes, which relate to to contribute to eliminating gender-based violence and har- wider structural gender inequalities. assment at work and to continue to make the link between domestic violence and work-level protection. Despite many challenges, including working within patriarchal structures and cultures, the report documents many inspiring This report aims to raise awareness amongst a wider audi- and innovative ways in which women and men in trade unions ence about the need for the systematic inclusion of gender have campaigned against gender-based violence and brought when dealing with violence and harassment at work, and the issue into workplace negotiations, safety and health pro- to make recommendations for national and European-level grammes, and initiatives on wellbeing at work. Examples are policy developments, as well as for trade union and/or social given from 80 collective bargaining agreements and union partner action and future policy developments. The report has negotiated workplace policies, as well as union initiatives to been prepared at time of rising violence and harassment at raise awareness, train negotiators and campaign for an end to work, continued and widening gender inequalities at work, violence against women. and a culture of sexism in the workplace. It also shows that the workplace is closely connected to women’s wider roles that extend beyond it, in public places, in the community and SECTION 3: DOMESTIC VIOLENCE AT WORK in the private domain of the home and family. The workplace has long been recognised as playing an important role in pre- Section 3 addresses the other main dimension of violence venting and eliminating gender-based violence, and is one of and harassment at work, that is, the spill-over of domes- many settings that should be included in an integrated and tic violence at work. Domestic violence can involve a wide multifaceted approach to this task. range of abuses including emotional and financial abuse, sometimes referred to as ‘coercive control’, which can affect The work on this report has been done at a time of signifi- a woman’s capacity to get to work and to participate effec- cant national, European and international debate about tively and productively in the workplace. gender-based violence at work. The International Labour Organization (ILO) has made a commitment to introduce a new Although this is a relatively new bargaining issue in some instrument in 2018, in the form of a Convention or Recommen- countries, the report shows that an increasing number of dation on violence against women and men in the world at trade unions and some employers recognise the role of the

5 workplace in preventing domestic violence, and the social Raising awareness, and training union negotiators and and economic benefits that result from this. Workplace workplace representatives to have the skills and knowl- measures such as temporary paid leave, counselling, sup- edge to integrate gender-based violence, including domestic port, initial safety planning, changes in work location or violence, is a further priority identified by trade unions. Sim- parking spaces, and providing information about specialist ilarly, having women in senior and decision-making roles, domestic support organisations and protection orders in and as key negotiators in collective bargaining teams, is cases of stalking in the workplace, are some of the ways vital to ensuring that the issues are raised in negotiations. in which trade union representatives have supported victims Some unions have used model agreements as a way of and negotiated measures for their protection and temporary raising awareness, while also giving negotiators an evi- leave from work, particularly when they leave a violent part- dence-based framework and appropriate language to be ner. These supportive measures can enable victims to stay used in negotiations. in their jobs and retain their financial independence, while also ensuring that workers are safe at work. The report makes detailed recommendations for the ETUC, ETUC affiliates at the national level and European Trade The report draws on over 40 examples of collective bargain- Union Federations regarding the importance of integrating a ing agreements and union-negotiated workplace policies on gender dimension into violence and harassment programmes tackling domestic violence at work, as well as awareness in the workplace and in negotiations with employers. Rec- raising, training and campaigns carried out by unions, often ommendations are also made for European-level guidelines in partnership with domestic violence organisations. In addi- on gender-based violence at work, and European lobbying tion, the report shows that trade union representatives can and campaigns to ensure appropriate policy responses and play a key role in inter-agency and coordinated responses to a strong EU legal framework on the issue. domestic violence, and are well placed to show how violence and harassment in the workplace are closely connected to Recommendations are also made to the Council of Europe, women’s roles and their experiences of gender-based vio- the European Commission, Eurofound, the European Insti- lence in the community, in public places and in the family. tute for Gender Equality and EU-OSHA, in areas such as robust data collection, the need for a strong accompany- ing legal framework following the EU ratification of the SECTION 4: CONCLUSIONS AND Istanbul Convention, and for greater attention to be given RECOMMENDATIONS to gender mainstreaming in workplace programmes on violence and harassment at work, and in relation to domestic A major conclusion from the report is that collective bargain- violence at work. ing is one of the most important mechanisms for preventing and addressing violence against women at work, either as Finally, as part of the interviews and discussions held with part of agreements that address violence against all workers, trade unions and other stakeholders during the course of the or in relation to specific issues, such as sexual harassment at project, and at the ETUC’s European conference from 24 to work, third-party violence or preventing domestic violence at 25 November 2016 in Madrid, the following ‘Ten things to work. However, the general trend towards reduced bargain- do’ are a starting point for future actions at the national and ing coverage and the decentralisation of bargaining reduces European level. the capacity of trade unions in some countries to address gender-based violence and harassment. A further issue is that, as violence and harassment have become a mainstream safety and health and wellbeing at work issue, they are in danger of becoming de-gendered. Many unions therefore argue for effective gender mainstreaming strategies that will ensure that violence and harassment are addressed as a structural gender equality issue.

Having a strong legal framework as a backdrop is also viewed as being essential to enabling unions to negotiate concrete sectoral and workplace measures. Many unions point to Spain as demonstrating good practice in this respect: the Organic Law 1/2004 on protection from domestic violence seeks to combat acts of violence that are considered discriminatory and includes measures to enable victims of domestic violence to remain in work. This has resulted in many collective bargaining agreements, harassment and violence protocols and gender-equality plans containing provisions on both sexual harassment at work and domestic violence at work.

6 SAFE AT HOME, SAFE AT WORK 6. Work in partnership with NGOs and special- Ten things that the ETUC and ETUC affiliates can do ist violence against women organisations, for to tackle gender-based violence and harassment at example in carrying out campaigns and union work surveys to raise awareness about the extent and nature of gender-based violence at work. 1. Prioritise sectoral and company-based social 7. Encourage women and men in leadership, nego- dialogue between unions and employers, jointly tiating and decision-making positions to raise agreeing workplace policies, procedures and public awareness and act as champions for a awareness raising actions amongst managers zero-tolerance approach to violence against and workers. women. 2. Ensure that women are in senior negotiating 8. Highlight the economic and social case for positions, as this has been shown to be critical tackling violence at work, including the busi- to getting issues of gender-based violence and ness arguments such as improving workplace harassment onto bargaining agendas, particu- relations, enhancing wellbeing at work, retain- larly in male-dominated sectors. ing workers, reducing absence from work, and 3. Produce guidance and model workplace pol- increasing motivation and productivity. icies, and train workplace representatives to 9. Lobby for the inclusion of effective measures negotiate agreements and policies to tackle to address gender-based violence at work and violence and sexual harassment at work, third- domestic violence at work in governments’ party violence, and the prevention of domestic national action plans on violence against violence at work. women, as well as in the implementation of 4. Ensure that safety and health and wellbeing at the Istanbul Convention and the proposed ILO work initiatives include a strong gender-based instrument on violence against women and men focus on the causes of and solutions to harass- in the world of work. ment and violence against women at work, and 10. Implement measures to include and address that they take into account gender inequalities gender-based violence and harassment in Euro- and discrimination. pean sectoral social dialogue agreements and 5. Give information and support to workers experi- joint statements. encing gender-based violence and harassment and domestic violence.

7 SECTION 1: INTRODUCTION

The ETUC’s ‘Safe at Home, Safe at work’ project aims to share good practices“ and, with the support of experts, employers and the European Commission, to end gender-based violence. Our mission and objective is to support our affiliates in eradicating gender-based violence at work… This is not only because it is a cost for society, but because behind it, there are victims.” (Montserrat Mir, Confederal Secretary, ETUC)

1.1 GENDER-BASED VIOLENCE AT WORK: family (Cruz & Klinger, 2011). From a gender-equality perspec- A TRADE UNION ISSUE tive it is a helpful development to view the workplace in the broader context of work and society, and it is important in helping to build an understanding of how domestic violence Gender-based violence and harassment at work is a core is a world-of-work issue that belongs in integrated workplace trade union and workplace issue affecting workers’ safety, strategies and policies on violence and harassment. ‘Violence health and dignity. It is strongly associated with high rates and harassment’ are increasingly defined as overarching con- of absenteeism, high staff turnover and low health and cepts capturing “… a continuum of unacceptable behaviours wellbeing at work. It affects productivity and results in con- and practices that are likely to result in physical, psychologi- siderable costs to employers (ILO, 2016; EU-OSHA, 2011 and cal or sexual harm or suffering. Within this continuum, there 2015; Eurofound, 2016). One Italian study found that 16% of should be a particular focus on gender-based violence” (ILO, workers resigned following violence at work, which affected 2016b, para. 7.) twice as many women as men (ISTAT, 2010). In addition, violence and harassment are closely tied to stress at work Gender-based violence is closely connected to women’s une- – evidence shows that workers in stressful work environ- qual status in society and the unequal distribution of social, ments are more likely to experience violence (Chappel & economic and political power between women and men. As Martino, 2006; ILO, 2016b). Stress, along with other work- the ETUC’s 2014 study “Bargaining for Equality” showed, the place issues such as an adverse working environment, work economic crisis damaged women’s wages and rights at work pressures and work intensity, are increasingly defined as and led to challenges for trade unions in collective bargain- psychosocial hazards for violence in the world of work (ILO, ing and in their efforts to progress gender equality (Pillinger, 2016b; Eurofound, 2015a). Ending gender-based violence 2014). The effects of crisis on women has been exacerbated and harassment in the workplace is an integral part of the by women’s employment insecurity, lower working hours, objective of achieving equality at work and in society. The part-time work, and occupational segregation, which have workplace has long been recognised as playing an important often been neglected in assessments of the crisis (Kara- role in preventing and eliminating violence against women, messini and Rubery, 2013; European Commission, 2013; Villa and as such is one of many settings that can be included in and Smith, 2014). This has led to an increased risk of violence an integrated and multifaceted approach to preventing gen- and harassment, particularly against women. der-based violence (Kelly & Lovett, 2012; Hagemann-White et al., 2010). Gender-based violence can take many forms, and it results in physical, sexual, psychological or economic harm or suffering Trade unions have been instrumental in broadening the con- to women, as well as having negative impacts on families, cept of work and the reach of the workplace to include issues communities, workplaces and societies as a whole (Council such as travel to and from work, travel for work meetings, of Europe, 2011). Gender-based violence can occur in multiple third-party violence perpetrated by customers and clients, settings: in the family, in the workplace, at school or col- and the impact of domestic violence in the workplace. In this lege, on the street, in public transport – perpetrators can be context, the ILO has used the terminology ‘world of work’ family members, intimate partners, employers, co-workers, or to capture the inter-relation between work, community and strangers, amongst others.

8 1.2 THE ETUC’S ‘SAFE AT HOME, SAFE AT WORK’ In 2014 the ETUC’s 8th March Survey for the first time col- PROJECT lected information on how ETUC affiliates have addressed the issue of violence against women, identifying trends and The European Trade Union Confederation (ETUC) and its affil- shared concerns. The survey showed that some unions have iates have a long history of campaigning and working to end been active in developing strategies and actions, including gender inequalities, including gender-based violence. guidelines and collective bargaining agreements (CBAs), to address violence against women. The findings confirmed that The ETUC Action Programme on Gender Equality (2012-2015) the ETUC should continue to work on this issue, which led focused particularly on gender-based violence, stating that to the ‘Safe at Home, Safe at Work’ project. In addition, the “economic dependence and sexist stereotypes contribute ETUC gained inspiration from unions in Australia and Canada, to inequality and violence” and calling for “a new European and in particular from an Australian expert with a background legal instrument to combat violence against women”. It also of working in the domestic violence sector, Ludo McFerron of set the goal of encouraging trade unions to address the link the University of Sydney, who had pioneered initiatives and between domestic violence and workplace rights (Objective agreements on domestic violence at work with Australian 5). The ETUC Action Programme on Gender Equality (2016- unions. 2019) (see Box 1) further elaborated on this priority and called on the ETUC and its members to continue to lobby for a strong legal framework at European level and for an ILO convention Domestic violence at work on gender-based violence, amongst other aims. “became a bargaining issue in Australia because of the change BOX 1: ETUC ACTION PROGRAMME ON in policy to supporting women GENDER EQUALITY (2016-2019) affected by domestic violence to PRIORITY 5: COMBAT SEXUAL HARASSMENT stay safely in their homes (excluding AND VIOLENCE AT WORK if necessary the violent family member). Many of these women Objective: To contribute to eliminating gender-based violence and harassment at work through adequate were in employment, and they found measures and actions protecting those people (most that the support of their workplace usually women) and those sectors mostly exposed to was critical. Trade unions and violence and harassment, also by third parties. Con- tinue to make the link between domestic violence domestic violence advocates worked and work-level protection. together to make this support a Key actions to reach this objective to be undertaken standardised right by introducing by the ETUC and its members include: a domestic violence clause into ÎÎ Finalise the ETUC’s ‘Safe at Home, Safe at Work’ collective bargaining. The clause project and consider the adoption of a policy res- contains the right to paid domestic olution; ÎÎ Continue to lobby for a legislative framework violence leave (e.g. to attend court at European level, on the basis of the Council of for a protection order), the right Europe Convention on Preventing and Combating to safety plans against domestic Violence against Women and Domestic Violence; ÎÎ Continue to support the implementation of the violence, and protection from European social partners’ agreement on com- discrimination.” bating harassment and violence at work, also in (Ludo McFerron, speaking at the ETUC’s Madrid Conference) coordination with the members of the Social Dia- logue Committee; ÎÎ Call for an ILO convention on gender-based vio- This report is one of several actions carried out under the lence; ETUC’s ‘Safe at work, Safe at Home’ project, which aims to ÎÎ Promote good practice guidance developed by develop and improve trade union knowledge and instruments affiliates at national and sectoral level. addressing gender-based violence and harassment at the workplace and in the negotiating agenda. The project has the following objectives:

ÎÎ To contribute to the development of a trade union strategy at European level, including guidelines aimed at eradicating violence against women.

9 ÎÎ To further encourage trade unions’ work to deal with BOX 2: ETUC ‘SAFE AT HOME, SAFE AT WORK’ preventive measures against violence and harassment CONFERENCE, MADRID, 24-25 NOVEMBER towards women in the labour market. 2016

The ETUC ‘Safe at home, Safe at work’ conference METHODOLOGY was held to mark International Day against Violence against Women and discuss how the ETUC and its The report draws on evidence collected in 11 country case affiliates can strategically move forward together studies of trade unions’ and social partners’ strategies and to end gender-based violence at work. The confer- practices in tackling the two related dimensions of gen- ence brought together nearly 120 representatives der-based violence at work and the consequences of domestic from trade unions and other stakeholders across violence at work.1 More than 80 interviews were held at the Europe. Panel discussions were held with represent- national level with representatives from trade unions, NGOs atives from different countries and trade unions, and and women’s organisations/associations and gender experts included representatives from European NGOs such in eleven Member States.2 The interviews sought to iden- as the European Women’s Lobby and Companies tify how trade unions have approached the issue in social Against Gender Violence (CARVE). Representatives dialogue, collective bargaining, awareness raising and cam- from the European Commission, the European Insti- paigns. As well as collecting examples of promising practices, tute for Gender Equality and the International Labour the interviews also identified challenges faced by unions and Organization spoke about their institutional roles suggested strategies to overcome them. in contributing to ending gender-based violence. The panel discussion addressed why gender-based At the European level, interviews were held with thirteen EU violence is a trade union issue and how it has been stakeholders, NGOs and European trade union representa- approached by different unions. tives. 3 Two workshop sessions examined, in further detail, In addition, discussions both in the Project Steering Group,4 strategies to address gender-based violence (in which met on four occasions during the project, and at the particular, sexual harassment in the workplace) and two-day European conference held in Madrid, 24-25 Novem- to raise awareness and address the prevention of ber 2016, also informed the evidence and recommendations domestic violence at work. Their conclusions have provided in this report (see Box 2). helped to inform the recommendations made in this report. A clear message from participants attending The report also draws on existing published national, Euro- the conference is that a culture of discrimination and pean and international literature and evidence, including inequality at work cannot be separated from patriar- survey data from relevant sources such as the European chy and unequal gender relations in society, in the Institute for Gender Equality (EIGE), Eurofound and EU-OSHA, community and in the family. amongst others.

1.3 THE IMPORTANCE OF A GENDER PERSPECTIVE

DEFINITIONS OF GENDER-BASED VIOLENCE 1 Separate country case study reports have been produced on Belgium, Bulgaria, Denmark, France, Germany, Ireland, Italy, Netherlands, Slovenia, Spain and the UK. The reports cover gender-based violence at work and domestic violence at work. They detail The Council of Europe Convention on preventing the legal context, existing data, collective agreements and workplace policies, union and combating violence against women and domes- awareness raising and campaigns, partnerships between unions and women’s organisations, challenges faced by unions, and recommendations. The country case studies are tic violence (Istanbul Convention) is based on the published separately on the ETUC’s website. The country reports also provide further understanding that violence against women is a form information about the people and organisations that participated in interviews. 2 A list of the people and organisations interviewed in the country case studies can be of gender-based violence that is committed against found in the separate country reports published on the ETUC website. women because they are women. The Convention 3 At the European level, interviews were held with Emilie Jarrett, Policy Officer states that violence against women is “… a violation responsible for GBV, DG Justice, European Commission; Sarah Copsey, EU-OSHA; Agnes Parent-Thirion, Eurofound; Iliana Stoicheva, Vice-President of the European Women’s of human rights and a form of discrimination against Lobby; Gigi Guizzo, CEPS Projectes Socials, CARVE Project, and Christina Olsen, Violence women and shall mean all acts of gender‐based vio- Against Women Division, Council of Europe. Interviews with European trade unions included Inga-Lena Heinisch and Christina Tilling, European Transport Federation; Veronica lence that result in, or are likely to result in, physical, Fernandez Mendez, UNI Europa; Christine Jakob and Nadja Salson, European Federation sexual, psychological or economic harm or suffering of Public Service Unions; Ulisses Garrido, Education Director, ETUI; and Fabienne Scandella, Senior Researcher, ETUI Health and Safety Officer. to women, including threats of such acts, coercion or 4 The Steering Group was made up of Scarlet Harris (TUC, UK), Rosanna Ruscito (CISL, arbitrary deprivation of liberty, whether occurring in Italy), Ekaterina Yordonova (FTTUB, Bulgaria), Andreja Poje (ZSSS, Slovenia), Tine Skov public or in private life…” (Article 3(a)). Jensen (LO, Denmark), Inga-Lena Heinisch (ETF), as well as ETUC representatives Montserrat Mir, Barbara The UN Office of the High Commissioner for Human

10 Rights’ Committee on the Elimination of Discrimination As the ETUC and its affiliates have argued for many years, against Women (CEDAW) defines gender-based vio- women face inequalities in the labour market and they often lence as “violence that is directed against a woman hold little decision-making or bargaining power over their because she is a woman or that affects women dis- terms and conditions of employment. The economic crisis has proportionately”. further exacerbated gender inequalities and the occupational segregation of women, and the labour market is increasingly CEDAW General Recommendation 19 identifies typified by casualised and insecure forms of employment. specific forms of gender-based violence in the work- As a result, trade union strategies to address gender-based place, including sexual coercion; gender-based violence at work have to be closely connected to struggles workplace discrimination, stigmatisation and social against inequality and gender-based discrimination. exclusion; sexual harassment; and sexual exploitation and abuse; while gender inequalities result in a The ETUC and unions across Europe have raised the issue of greater risk of being exploited or trafficked for forced how austerity measures have had a disproportionate impact labour or sexual exploitation. on women working in precarious jobs. Poverty and restricted access to decent jobs have contributed to violence against women and girls. Unions in Spain have highlighted the very negative impact of austerity cuts on resources to combat Gender-based violence at work differs from other workplace domestic violence, and have supported community-based issues because it is an invisible, highly sensitive and generally campaigns to end cuts in services. In the UK, cuts in frontline unreported issue. It is a major obstacle to the achievement of services led the UN Special Rapporteur on Violence against gender equality, and one of the most significant indicators of Women to note that current austerity measures were having unequal gender roles and relations. It has the effect of reduc- a disproportionate impact on the provision of services relating women’s access to economic and social independence and ing to violence against women, “but more generally, on other is closely connected to discrimination. If there is tolerance of cross-cutting areas affecting women, such as poverty and discrimination in the workplace, this has the effect of creating unemployment, which are contributory factors to violence an environment where violence and harassment are likely to against women and girls” (UN, 2014, p. 6). occur (Pina et al. 2009). Conversely, workplaces that have progressive human resource and equality policies, including on the prevention of harassment, as well as good consultation of MULTIPLE AND INTERSECTING FORMS OF workers and participation by them, are associated with higher INEQUALITY earnings, reduced work pressure and a more satisfying work environment (Russell & McGinnity, 2011). In addition, there is growing recognition of discrimination-related harassment and violence, including the risks faced As well as affecting women disproportionately, violence and by workers who are subjected to multiple and intersecting harassment at work particularly affect workers in vulnerable forms of discrimination. A strong message from unions across work situations. If a worker has limited protection, he/she will Europe is that violence and harassment at work need to be not only be more at risk of violence and harassment, but will addressed within the context of broader struggles against be less likely to report it for fear of losing his/her job or being inequality, gender-based discrimination and the over-rep- subjected to retaliation in the workplace. In addition, work- resentation of some groups of women in low paid, part-time place dynamics, such as changes in the organisation of work and insecure work. Migrant women and women from black or in working conditions, may be closely connected to violence and minority ethnic communities are particularly affected by and harassment. They affect women workers because of une- inequalities and low wages and are disproportionately repre- qual power relations, low pay, precarious working conditions sented in low-paid care work (European Parliament, 2017; UN, and other forms of abuse in the workplace, and on account of 2014). As a result, it is important that strategies to address the economic crisis this situation has been worsening. gender-based violence at work take into account multiple and intersecting forms of discrimination and inequalities, and the strong connection between them and the unequal social and One in three women has experienced some form of economic position of women. Very often, women who face physical and/or sexual assault since the age of 15 multiple discrimination are not protected by labour laws, and years (62 million women in the EU). Of women in senior unions interviewed in this report pointed to the risks faced by management positions, 75% had experienced sexual women migrant domestic and agricultural workers who face harassment at work. (Fundamental Rights Agency, 2014) psychological, physical and sexual abuse as a result of their precarious employment situation. A Eurobarometer survey carried out by the Euro- pean Commission in 2016 found that 70% of The structuring of work around race and gender, and other Europeans believe that sexual harassment is a forms of discrimination, have consequences for workplace problem in their country – this ranged from 89% in relations and the mitigation of the psychosocial risks asso- Italy to 32% in Estonia. (European Commission, 2009) ciated with violence and harassment. Struggles for women’s agency (to enable women make decisions about their lives)

11 and voice (to participate, speak up and be heard) have been bargaining. Examples of this are the training of LGBTI crucial in tackling the risks of violence and harassment. This workplace equality representatives in the UK public also means that it is crucial for unions to recognise that vio- service union UNISON, and bargaining for workplace rep- lence against women is rooted in multiple and intersecting resentatives to address LGBTI violence at work by the forms of discrimination and inequalities, which in turn are Spanish CCOO union, where “LGBTI-phobia” is identified strongly linked to the social and economic situation of women. as a psychosocial risk. According to the UN Special Rapporteur on Violence Against Women “… the intersections between gender-based discrimination and other forms of discrimination that contributes to 1.4 THE ROLE AND STRUCTURE OF COLLECTIVE and exacerbates violence against women” are important for BARGAINING governments to take on board (UN, 2014). Similarly, as Fiona Williams (2016) argues, multiple social relations of gender, This report has a specific focus on collective bargaining as one race and class not only help to reveal women’s struggles of many tools for an integrated approach to combating gen- around issues such as violence, they also show a capacity der-based violence. Collective bargaining remains the most for “relational self-determination” in areas such as paid work effective tool used by unions to reduce gender inequalities and access to public services. In addition, psychosocial risks and prevent and combat violence and harassment at work (Pill- faced by migrant workers, for example, also suggest the need inger, 2014; Dickens, 1998; Pillinger, Schmidt & Wintour, 2016). to understand the dynamics in the wider context of global Collective bargaining agreements that address violence and neo-liberalism, and how they are reflected in gendered and harassment at work often make reference to sexual harass- racialised inequalities (Pillinger, 2017). ment as one dimension of violence and harassment, which are frequently viewed as a psychosocial risk. In some cases, CBAs Women who experience multiple discrimination are dispro- deal exclusively with the issue of preventing and combating portionately affected by violence and harassment at work, sexual harassment. These cases typically commit employers to and many are in jobs where there is a risk of third-party vio- developing policies and procedures for dealing with complaints lence. An intersectional approach can therefore be helpful in and preventing violence, training for managers and workplace understanding risks and vulnerabilities to violence and har- representatives in identifying signs of violence and harassment, assment and recognising that discrimination (for example, in data collection and the monitoring of incidents of violence and relation to gender, race and ethnicity, age, disability, LGBT, harassment at work, and the provision of practical, health and poverty and migration) is closely connected to unequal power psychological support for victims. relations. This understanding can help shift mainstream trade union activity towards considering the impact of gendered Some CBAs refer to a wide range of types of violence and har- power relations, as well as race, ethnicity and migration, assment at work, including third-party violence and domestic for example in the union work in organising, recruiting and violence at work. Collective bargaining is an effective model representing workers. In particular, workplaces where the pre- for addressing the spill-over of domestic violence into the dominant workforce is one gender or one ethnicity are often workplace, and employers are increasingly recognising that the more hostile to individuals who do not conform to established workplace can play a role in supporting workers to stay in their gender norms or who come from under-represented groups. jobs, which enables them to continue living in their homes and their communities (as discussed further in Section 3). ÎÎ Racialised workers are more exposed to workplace harassment than white workers, and experience different forms In interviews, however, unions spoke of the negative eco- of harassment, often taking the form of attacks on their nomic and political environment surrounding collective personal characteristics, while black and ethnic minor- bargaining, including the increasing decentralisation of bar- ity women report more frequent incidents of unwanted gaining, a reluctance on the part of some employers in some sexual attention and sexual coercion than white women sectors to conclude agreements, lower levels of collective (Einarsen et al., 2010; TUC, 2015). Black and ethnic minor- bargaining coverage, and, in some countries, government ity women’s over-representation in high-risk and insecure policies that openly discourage social dialogue or that have occupations – for example in health, education and the reduced the rights of trade unions to negotiate and bargain. social care services – also puts them at greater risk of violence and harassment. The UK TUC has issued guidance Table 1 gives a brief overview of the collective bargaining for negotiators and workplace representatives on challeng- structure for each of the country case studies and indicates ing racist abuse and violence in the workplace in the light how this affects the overall role of unions in their bargaining of a recent increase in racist abuse and violence in the to prevent and tackle violence and harassment at work. workplace (TUC, 2016a).

ÎÎ Violence and harassment against lesbian, gay, bisexual, transgender and intersex (LGBTI) workers has become increasingly commonplace (FRA, 2013; OHCHR, 2012; Guas, 2012), and trade unions are addressing the issue through awareness-raising campaigns and collective

12 TABLE 1: BRIEF OVERVIEW OF COLLECTIVE BARGAINING IN THE ELEVEN CASE-STUDY COUNTRIES

COUNTRY COLLECTIVE BARGAINING

Belgium CBAs are legally binding and cover most of the private sector through central-level, sector-level bargaining and company-level negotiations. In the public sector, unions negotiate protocols, which are agreed through the mandatory negotiation of proposed changes in regulations. CBAs can be made binding through a Royal Decree, which will apply to all employers/workers concerned. An example is CBA No. 25 on equal pay, agreed in the National Labour Council on 15 October 1975 and made binding under a Royal Decree on 9 December 1975. No national CBA on violence and harassment at work has been signed.

Bulgaria Article 4 of the Labour Code specifies that employers and unions can formulate agreements at three levels (national, sectoral and company/municipal) for a period of up to two years. Unions in several sectors have sought to strengthen the social dialogue with municipalities, and there are currently 210 municipal collective CBAs covering workers in the education and transport sectors. CBAs allow for non-trade union members to join the agreement, under certain conditions. Sectoral agreements have become more significant in recent years with this possibility of extending an agreement across all companies in a sector. CBAs have been signed in several sectors, including health, education and transport.

Denmark National-level bargaining provides the framework for collective bargaining, and negotiations at company level have become increasingly important. The social partners are responsible for drawing up policies and agreements to combat gender-based violence in the workplace, as part of bargaining on all aspects of working life. In the past two decades, stress, violence and harassment have become an important part of the bargaining agenda. Subjects regulated by legislation have appeared in CBAs, including leave schemes, stress, violence and harassment.

Collective bargaining takes place at the national, sectoral and company levels; at each level there are detailed France rules about who can negotiate and what is required for an agreement to be valid. Since 2001 companies in France with at least 50 employees are under an obligation to bargain on the topic of gender equality at the workplace (égalité professionnelle). There is no mention of violence in the workplace, harassment or domestic violence in the list of the subjects to be dealt with, although many negotiations do include these issues.

Germany Under the Works Council Constitution Act, the Works Council has the (important) right to participate in decision-making on a long list of subjects, such as recruitment, time management, work organisation, etc. Sexual harassment and harassment are not directly listed as obligatory topics for negotiation, but they can be proposed by one of the two parties.

Ireland Collective bargaining in Ireland is voluntary and takes place largely at sectoral and workplace level. It was put under severe strain during the economic crisis. The introduction of the Industrial Relations (Amendment) Act 2015, however, marked a significant change in Irish industrial relations by providing a new definition of collective bargaining, and any engagements or negotiations must have the object of reaching an agreement on wages or other conditions of employment. Agreements and workplace policies on violence and harassment at work, including a Code of Practice on violence and harassment, have been agreed between the social partners.

Collective bargaining takes place at national sector, sectoral, workplace and territorial levels. In the public sector Italy there has been no national agreement since 2007, and the general trend is to decentralise bargaining. The trilateral agreement of 2009 (signed by the government, the employers’ organisation, Confindustria, and the main union confederations, with the exception of CGIL) permitted decentralised bargaining and enabling workplace agreements to undercut sectoral CBAs. Under the national agreement of 28 June 2011 (passed into law as Article 8 of Decree 138/2011), the three main confederations agreed a joint position with Confindustria, granting them stronger control over workplace agreements. A national agreement on violence and harassment was signed by the social partners in 2015, and several sectoral agreements have followed this framework.

Netherlands Bargaining principally takes place at sectoral level through framework agreements and in the public sector through 15 sub-sector agreements. Since the economic crisis, agreements have been more difficult to conclude. Bipartite and tripartite agreements can be translated into legislation. At company level, works councils are mandatory in companies with more than 50 employees, who have rights relating to information and consultation and who are entitled to take part in decision making. CBAs on violence and harassment have been agreed in the context of wellbeing at work.

Slovenia The majority of workers are covered by collective bargaining. In the private sector, negotiations take place at sectoral and company level. National bargaining for the private sector ceased in 2005, but was followed by a national CBA on pay in 2008. In the public sector, agreements are made at the national, sectoral and company levels. Tripartite national agreements between the unions, employers and government cover a range of labour, economic and social issues. Several sectoral CBAs include clauses on violence and harassment and bullying at work. Agreements and policies on violence, sexual or other harassment and bulling at work have been agreed at company level.

13 Spain Collective bargaining in Spain is typified by sectoral CBAs (on a national, regional and provincial level), as well as individual company agreements. Some company agreements take priority over sectoral agreements in areas such as work-life balance and working hours. Organic Law 3/2007 on gender equality has paved the way for unions concluding agreements at company level through equality plans which include preventing sexual and gender-based harassment.

UK In the private sector bargaining takes place mainly at company or workplace level, whereas in the public sector, national sectoral agreements are common. An increasing number of public-sector employers bargain at the level of a single organisation. There is no legal requirement for the employer to negotiate with the union except where there has been a legally binding decision that the unions should be recognised for bargaining. UK unions have criticised the government’s attempts to reduce the rights of trade unions, including the right to strike under the 2016 Trade Union Act, which further curb unions’ ability to organise and bargain on issues relating to gender equality and gender-based violence. Unions have principally put their efforts into negotiating agreements and policies on harassment and violence at workplace level.

1.5 EUROPEAN POLICY RELEVANT TO pay for work of equal value, among others. Violence and har- GENDER-BASED VIOLENCE AT WORK assment are included in several EU Directives on equality and non-discrimination, and are an important issue in new The ETUC’s ‘Safe at Home, Safe at Work’ project took place Directives on victims’ rights and European protection orders at a time of significant national, European and global discus- (see below). Although there is no one Directive dealing with sion about violence and harassment at work. The Istanbul the issue of gender-based violence, trade unions and NGOs Convention, which represents one of the most comprehensive across Europe have called for a strong legal framework in the frameworks on violence against women, has been signed by form of a Directive, which would help to strengthen the imple- all EU Member States and was adopted by the EU on 11 May mentation of the Istanbul Convention, which was signed by 2017 (discussed below). The ILO is discussing the introduction the European Council on 11 May 2017. The European Parlia- of a new global standard (Convention and/or Recommenda- ment (2017) has similarly called on the Commission to draw tion) on violence against women and men in the world of up a comprehensive EU-wide strategy for preventing and work. Trade unions at the European level and globally are combating gender-based violence, which should contain a involved in a range of activities, including ITUC’s “No to gen- binding legislative act. der-based violence at work” campaign, to ensure that trade unions take a systematic approach and campaign in prepa- The following are the main European Union Directives that are ration for the development of a standard-setting item at the relevant to addressing the issue of violence against women: International Labour Conference in 2018. The EU is also a sig- natory to several international treaties and conventions that ÎÎ Sexual harassment is part of the scope of the three main have framed the scope and definitions used. They include the Directives on the principle of equal treatment of women and UN Convention on the Elimination of All Forms of Discrimi- men: Directive 2006/54/EC6 on equal treatment in employ- nation against Women (CEDAW) and the Beijing Platform for ment and occupation; Directive 2004/113/EC7 on equal Action (BPfA). treatment in goods and services; and Directive 2010/41/EU8 on equal treatment in self-employment. Directive 2006/54/ Tackling gender-based violence has been an important priority EC defines sexual harassment as “any form of unwanted for the EU and a core issue in EU gender-equality initiatives verbal, non-verbal or physical conduct of a sexual nature and programmes. It has involved a focus on female genital [...] with the purpose or effect of violating the dignity of a mutilation, trafficking for sexual exploitation, and domestic person, in particular when creating an intimidating, hostile, violence and abuse, as well as sexual harassment at work. It degrading, humiliating or offensive environment.” Under has been a consistent priority in recent European Commission Article 26 (prevention of discrimination): “Member States gender-equality strategies and has been implemented through shall encourage, in accordance with national law, CBAs a range of ‘soft’ non-legislative measures on awareness or practice, employers and those responsible for access to raising and mutual learning, and through EU-funded national vocational training to take effective measures to prevent all campaigns on violence against women 5and through DAPH- forms of discrimination on grounds of sex, in particular har- NE-funded projects.

EU legislation has played a key role in promoting gender 6 Council Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal equality across Europe in a wide range of areas relating to treatment of men and women in matters of employment and occupation (recast). equality and non-discrimination in the workplace, and equal 7 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services. 8 Council Directive 2010/41/EU of the European Parliament and of the Council of 7 5 The most recent funding programme is the Rights, Equality and Citizenship Pro- July 2010 on the application of the principle of equal treatment between men and wo- gramme 2014-2020. See: http://ec.europa.eu/justice/grants1/programmes-2014-2020/ men engaged in an activity in a self-employed capacity and repealing Council Directive rec/index_en.htm 86/613/EEC.

14 assment and sexual harassment in the workplace, in access awareness, change attitudes and improve victim support and to employment, vocational training and promotion.” access to justice. These objectives will be achieved through ÎÎ Harassment is included in Directives on race equality and the EU’s accession to and implementation of the Istanbul Con- on equal treatment/non-discrimination in employment. vention, the Victims’ Rights Directive and laws on European Directive 2000/43/EC9 on race equality prohibits discrimi- protection orders. The Strategy includes the launch of aware- nation and harassment on the grounds of race and ethnic ness-raising campaigns and the establishment by Eurostat of origin, and Council Directive 2000/78/EC10 sets out a a multi-disciplinary task force to conduct an EU-wide preva- framework for combating discrimination in employment, lence survey on gender-based violence, and in 2017 EIGE will including harassment, on the grounds of religion or belief, introduce a measurement framework for violence against disability, age or sexual orientation. women for the Gender Equality Index, to aid common defini- ÎÎ Directive 2011/36/EU11 on preventing and combating traf- tions and harmonised indicators across the EU-27. ficking in human beings, and protecting the rights of victims of trafficking, includes provisions on law enforcement with In addition to carrying out preparatory work for the EU’s ratifi- regard to perpetrators of human trafficking, the prevention cation of the Istanbul Convention, the European Commission’s of human trafficking and the protection of victims. Gender Equality Unit (DG Justice) is currently engaged in a ÎÎ Directive 2011/99/EU12 on the European Protection Order, range of activities on combating violence against women.14 and Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters, ensure that civil and ÎÎ On 25 November 2016, Commissioner Jourová launched criminal protection orders mean that women who have the “Focused Actions to Combat Violence against Women” suffered domestic violence are protected from the perpe- in fulfilment of the commitment to eradicating all forms of trators if the victims travel or move anywhere in the EU. violence against women and girls, and to step up efforts Protection orders, especially emergency protection orders, across the European Union and engage all stakeholders offer women and children important protection in situa- collectively to combat violence against women. (European tions of immediate danger. In relation to the workplace, Commission, 2016a) there may be situations where employers will need to ÎÎ A Eurobarometer survey on attitudes to violence against address breaches of protection orders in the workplace. women was published on 25 November 2016 (European ÎÎ The victims’ rights directive, Directive 2012/29/EU13 on Commission, 2016b) common minimum standards on the rights, support and ÎÎ The Commission has issued several calls for proposals to protection of victims, contains some important measures support transnational grassroots projects to prevent vio- for women victims of violence. The Directive strengthens lence against women or support victims, including a new the rights of victims of crime so that any victim in the EU is call issued in 2017. entitled to a minimum level of rights, protection, support, ÎÎ Other actions included a conference on gender-based vio- access to justice, whatever their nationality and wherever lence held under the Maltese Presidency of the EU in 2016, in the EU the crime takes place. The Directive is particu- and plans for two seminars on violence against women larly important in giving protection against retaliation and on policies in Member States to tackle violence against repeat victimisation, for example when a woman reports women or help victims, under the Commission’s Mutual a crime, or initiates court proceedings, which could also Learning Programme. The Commission has launched a potentially impact on the workplace. social media campaign with the message “Say no! Stop violence against women”. Combating violence against women was a priority in the Euro- ÎÎ With Eurostat, the Commission has begun to collect pean Commission’s Strategy for Equality between Women existing national administrative data on violence against and Men 2010-2015, and is included as a priority in its Stra- women, including rape, sexual assault and intentional tegic Engagement for Gender Equality (2016-2019) (European homicide. A new European prevalence survey to identify Commission, 2015). This states that combating gender-based the extent of gender-based violence is also planned to be violence and protecting and supporting victims is a continued carried out via national statistical offices. priority, requiring effort from all actors to improve data, raise ÎÎ Other activities finally include a greater effort to disseminate good practices across the Member States and to mainstream gender-based violence in other policy areas,

9 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal e.g. in DG Employment and DG SANTE. treatment between persons irrespective of racial or ethnic origin 10 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation lay down a general As an occupational safety and health risk, several EU policies framework for combating discrimination on the grounds of religion or belief, disability, have recognised the importance of new risk factors associ- age or sexual orientation as regards employment and occupation, with a view to putting ated with sexual and psychological harassment. Examples into effect in the Member States the principle of equal treatment. 11 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 of this are the opinion of the European Commission Advi- on preventing and combating trafficking in human beings and protecting its victims, and sory Committee on Safety, Hygiene and Health Protection at replacing Council Framework Decision 2002/629/JHA 12 Directive 2011/99/EU of the European Parliament and of the Council of 13 Work on “Violence at the Workplace” (adopted in 2001) and December 2011 on the European protection order 13 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA 14 Information provided in an interview with Emily Jarret, DG Justice.

15 the Community strategy 2007–2012 on health and safety at Lilley, 2014). Although no specific reference is made to work, the latter of which highlighted “the emergence of new how employers and unions in the workplace can play a risk factors, including violence at work, sexual and psycholog- role in providing support for victims and in preventing vio- ical harassment”. There are some concerns, however, that the lence against women, including domestic violence, Article European Commission is backtracking on its commitments to 12 can be broadly interpreted as including measures to implement measures to tackle the growing psychosocial risks encourage employers “to promote women’s participation at work. This is suggested by, for example, the failure to pro- in the labour force and to adopt policies acknowledging duce a new EU strategy on health and safety at work since that violence is an obstacle to women’s employment” the ending of the most recent strategy in 2012, a more indi- (Hester & Lilley, 2014, p. 19). vidualised approach to the mental health of workers, and a ÎÎ Article 20 refers to “general support services”, which reduced focus on workplace prevention.15 include training and assistance with finding employment. ÎÎ Article 40 defines sexual harassment in employment using the definition given in the EU Directive. This includes 1.6 ISTANBUL CONVENTION “verbal, non-verbal or physical conduct of a sexual nature unwanted by the victim” (para. 208), where the conduct in The Council of Europe Convention on preventing and combat- question creates an intimidating, hostile, degrading, humil- ing violence against women and domestic violence (Istanbul iating or offensive environment. This is further explained: Convention) entered into force on 1 August 2014. At the time “Typically, the above acts are carried out in a context of of writing this report it had been signed by all 27 EU Member abuse of power, promise of reward or threat of reprisal.” States and ratified by 14 of them (Austria, Belgium, Denmark, (para. 209). Finland, France, Italy, Malta, the Netherlands, Poland, Portu- ÎÎ Under Article 17(1), policies, guidelines and self-regulatory gal, Romania, Slovenia, Spain and Sweden). Some Member standards to prevent violence against women should be States have already amended their legislation in line with the construed as encouraging more private companies to estab- Convention, including by introducing new laws on stalking. The lish protocols or guidelines on, for example, how to deal Convention sets out a framework for national laws and pro- with cases of sexual harassment in the workplace. A report grammes to prevent and end violence against women through for the Council of Europe on the implementation of Article an integrated approach, with the overall objective of changing 17 stresses: “The importance of trade unions in putting the socially and culturally based attitudes and behaviour. It also prevention of violence against women on the agenda must introduces a set of obligations for States, in accordance with also be recognised.” Trade unions can be a vital partner as the due diligence principle, to take the measures necessary to well as a forum for the exchange of ideas and visions of prevent, investigate, punish and provide reparation for acts of ways to combat gender-based violence from the perspective violence against women. Reference is made to the workplace of the private sector (Morbeck, 2016, p. 20). in relation to sexual harassment at work, and programmes on ÎÎ An independent expert body, GREVIO, has been appointed to preventing domestic violence can be construed as having a role monitor the implementation of the Convention. GREVIO will for employers and the workplace. evaluate legislative and other measures taken by the Parties to the Convention and can issue general recommendations Although trade unions across Europe are disappointed that the on the themes and concepts of the Convention.16 Convention does not go further in specifying more concrete measures for employers and unions, particularly with regard to On 11 May 2017, the European Council adopted two decisions the prevention of domestic violence at work, the Convention is on the signing of the Istanbul Convention. This was based on widely welcomed as a significant driver for better policies on two proposals adopted by the European Commission, issued violence against women and for progress to be made on these on 4 March 2016, for a Council Decision on the signing/con- policies through integrated, coordinated programmes that have clusion of the Istanbul Convention on behalf of the European the potential to involve trade unions and employers. Union (European Commission, 2016c and 2016d). The Euro- pean Commission’s view is that a wide and meaningful scope ÎÎ Article 12 of the Convention sets out a range of meas- will help to bolster coordination across the EU on combating ures to prevent violence against women, which can be violence against women. Ratification is widely believed to interpreted widely to include workplace measures by: have potentially far-reaching consequences, including by plac- “… encouraging employers, including those in the private ing a legal obligation on the EU to ensure that all Member sector, to promote women’s participation in the labour States implement the Convention, as well as providing the force and to adopt policies acknowledging that violence is basis for the establishment of measures for this at the EU an obstacle to women’s employment.” At an institutional level (Freixes et al., 2016). level, campaigns can be used to mobilise both the public and the private sectors in prevention, for example by targeting employers’ associations or trade unions (Hester &

16 GREVIO submitted the first monitoring reports of Austria and Monaco in 2016 and 15 Interview with Fabienne Scandella, Senior Researcher, responsible for psychosocial in 2017 will submit reports from Albania, Denmark, Montenegro, Turkey, Portugal and risk in occupational safety and health, ETUI. Sweden.

16 The signing of the Convention would send a strong political message about the“ EU’s commitment to combating violence against women, create coherence between its internal and external action, as well as complementarity between national and EU levels, and reinforce its credibility and accountability towards its international partners. It would also consolidate the EU’s action targeting violence against women by achieving a more coordinated approach internally and giving it a more effective role in international fora.” (European Commission, 2016d, p. 7)

The commitment to ratify the Convention was also reinforced The ETUC and European NGOs believe that the ratification of by a Joint Statement of the three main EU institutions issued the Istanbul Convention should be carried out with the broad- at the 2017 EU Presidency Conference on EU responses to vio- est scope possible. Research commissioned by the feminist lence against women held in Malta (see Box 3). think-tank G5+ argues that the EU should sign and ratify the Convention as it has jurisdiction over large parts of it, for example under Article 157 of the TFEU, and in areas such BOX 3: JOINT STATEMENT OF THE EUROPEAN as sexual harassment, employment and occupation, access COMMISSION, PARLIAMENT AND COUNCIL to goods and services, the protection of victims, the sexual PRESIDENCY, 201717 exploitation of women and children, asylum and migration, third-country mobility, cross-border cooperation, and data At the EU presidency conference on EU responses to protection. Obligations in relation to the protection of women, violence against women held in Malta on 3 February girls and children with disabilities also exist under the United 2017 the three European Institutions (European Com- Nations Convention on the Rights of Persons with Disabilities, mission, Parliament and Council Presidency) signed to which the EU and its Member States are Contracting Par- a Joint Statement calling the Member States to: ties. The study by G5+ also proposed that the EU should adopt a Directive to ensure that the Istanbul Convention becomes ÎÎ To ratify the Council of Europe’s Convention on pre- part of the legal system of Member States, allowing for direct venting and combating violence against women applicability in the event of a Member State’s not transposing and domestic violence (Istanbul Convention) for the Directive and with recourse to judgments of Court of Jus- those Member States not having done so yet; tice of the European Union (Freixes et al., 2016). ÎÎ To fully and effectively implement the Istanbul Convention; The European Coalition to End Violence Against Women and ÎÎ To conclude and finalise the decision on the EU Girls, which is made up of 26 European NGOs, including the accession to the Convention with a meaningful ETUC, has called on the EU to fully ratify and integrate the scope; and Convention into EU legislation, and on Member States to ÎÎ To engage in a constructive and open dialogue ratify and fully implement the Convention. The Coalition has with the Presidency, the Commission and the also called for funding for sustainable services and coopera- Council of Europe to clarify that the definition of tion with civil society and women’s rights organisations. The gender-based violence is the violence that hap- Coalition believes that ratification will be a major step for the pens to women because they are women and to EU in combating violence against women (see Box 4). reaffirm the ongoing commitment to solve the out- standing issues.

The three European institutions also commit themselves to zero tolerance of violence against women and girls.

17 See Press Release: http://www.europarl.europa.eu/news/en/ news-room/20170206IPR61393/malta-joint-statement-european-institutions%E2%80%99-call-for-action

17 BOX 4: EUROPEAN COALITION TO END VIOLENCE AGAINST WOMEN AND GIRLS

The European Coalition to End Violence Against ÎÎ The EU institutions to fully integrate the Istan- Women and Girls calls on: bul Convention into the EU legislation and policy framework, establishing a relevant and represent- ÎÎ The EU Member States and the Council of the ative EU monitoring framework. European Union to sign and conclude (ratify) the ÎÎ The EU Member States to ratify the Istanbul Con- Istanbul Convention in 2017, and within the broad- vention without reservations and to put in place est scope of EU competence as possible. the necessary legislative and policy changes to ÎÎ The European Parliament to adopt a strong res- ensure its adequate implementation, including olution consenting to the EU conclusion of the allocating sustainable and adequate funding to, Istanbul Convention. and cooperating with, civil society and women’s ÎÎ The European Commission to develop a compre- rights organisations. hensive EU Strategy to prevent and combat all forms of violence against women that is coordinated and monitored by an EU coordinator body against VAWG.

18 SECTION 2: GENDER-BASED VIOLENCE AND HARASSMENT AT WORK

2.1 VIOLENCE AND HARASSMENT AGAINST 2.2 LAW AND POLICY ON GENDER-BASED WOMEN AT WORK: AN IMPORTANT AND VIOLENCE AT WORK (RE)EMERGING WORKPLACE ISSUE Law and policy to combat and prevent gender-based vio- This section discusses the role that unions play in tackling lence at work exist in some form or other in all EU Member the first theme discussed in this report, namely, gender-based States, where they have been implemented through govern- violence and harassment in the workplace. It identifies key mental programmes, strategies and national action plans. successes, promising practices and challenges faced by An overwhelming message from the unions involved in the unions, with a view to identifying what has been learned from ETUC project is the importance of a strong legal framework this work for future trade union negotiations and actions. It on gender equality and gender-based violence, particularly in discusses measures to deal with violence and harassment defining specific obligations on employers and ensuring that perpetrated in the workplace by managers, supervisors and unions are present both in consultations on government pol- co-workers, and violence and harassment by third parties icies and in negotiations on developing workplace policies. such as customers, clients or pupils. The next section, Sec- One problem identified by unions is the gap in the legislative tion 3, discusses the related issue of how trade unions have coverage of small companies and casual forms of employ- addressed the spill-over of domestic violence into the work- ment, in which women predominantly work. place. The current legal framework on gender-based vio- Although violence and harassment at work are not new issues lence at work in the eleven country case studies can in the workplace, there are a range of dynamics that have be found in Appendix 1. This shows that recently adopted led to increasing attention being given to violence and har- legal frameworks governing harassment and violence at work assment as both a gender equality issue and an occupational for all workers feature widely in wellbeing at work/safety and safety and health issue, particularly in relation to rising levels health legislation, while specific equal opportunities or anti-dis- of psychosocial forms of violence at work. This is a positive crimination laws spell out harassment and sexual harassment development of mainstreaming; however, the shift in focus to as they affect women and other groups who are protected by recognising violence and harassment as a psychosocial risk that legislation. In most countries, wellbeing at work and equal – and one that needs to be dealt with in policies on safety opportunities/anti-discrimination legislation use the same defi- and health and wellbeing at work – has not been without its nitions, and attempts have been made to streamline the law. problems. One concern expressed by women interviewed in Some laws on harassment and violence specify clear roles for this report is that occupational safety and health measures trade unions, as is the case with the wellbeing at work legisla- do not always give visibility to gender-based forms of vio- tion in Belgium and the Netherlands, the relationships at work lence and harassment, where the issue is often presented legislation in Slovenia, and Organic Law 3/2007 in Spain. Some in gender-neutral language. This is relevant, as psychosocial recent legislation– for example, in Denmark, Slovenia, the risks have become a growing problem and persistent gender Netherlands and Belgium– includes psychosocial factors that inequalities have been exacerbated by increasing levels of cause stress and harassment, such as working conditions and pressure, stress and insecurity at work, and a labour market the organisation of work. Some legal frameworks cover third- across Europe increasingly typified by casualisation and pre- party violence at work, although this protection was recently carious working conditions. Psychosocial forms of violence removed from legislation in the UK have increased as new risks have emerged from the economic crisis, such as changing patterns of work and growing work In some Member States, legislation sets out requirements for pressures, and casual and precarious forms of employment, CBAs to be concluded at sectoral or workplace level to ensure which disproportionately affect women workers. that effective procedures are established in workplaces. This is the case, for example, with the Belgian Act on Wellbeing at Work of 28 February 2014, which gives employers, the role of prevention and sets out detailed requirements for them, e.g.

19 to develop effective procedures under joint employer-union down to greater stress and pressure at work, and reductions in Safety and Health Committees, and through workplace ‘per- staffing levels. sons of confidence’ who are to provide confidential support for victims. In Spain, workplace equality plans, which are pro- Cases of sexual harassment in public places are also docu- vided for under Organic Law 3/2007, also include provisions mented in recent surveys, which indicate that this is a growing on preventing sexual harassment. Nevertheless, unions point problem affecting women’s safety and mobility, travel to and to the lack of coverage in small enterprises, where the major- from work and access to safe spaces. In one official survey in ity of women work. Germany, 52.2% of the women interviewed had experienced sexual violence and harassment either in a public space, at work or in the private sphere (BMFSFJ, 2003). A 2016 survey of 2.3 DATA AND EVIDENCE sexual harassment in public places by the End Violence Against Women coalition (EVAW, 2016) found that 85% of women aged One in six workers across Europe report having been sub- 18–24 years had experienced sexual harassment/unwanted jected to acts of violence, harassment and unwanted sexual sexual attention in public places and 45% had experienced attention (Eurofound, 2015a). Data from the 2005–2010 unwanted sexual touching. European Working Conditions Surveys show that although physical violence at work has declined, other forms of vio- In relation to third-party violence, estimates range from 2% lence and harassment, such as threats, intimidation, bullying, to 23% of all workers; this rises to 42% of those who work in harassment and unwanted sexual attention, are prevalent at direct contact with the public, many of who are women (EPSU work (Eurofound, 2015b). Increased attention to psychologi- et al, 2013). A union survey in Bulgaria found that over half of cal violence and a growing body of research evidence have women transport workers experienced violence from passen- highlighted the growing problem of psychological violence, gers (FTTUB, 2010). Health workers are another group reporting particularly bullying/mobbing, which negatively affects the high rates of third-party violence in Bulgaria (CITUB, 2003), and health and wellbeing of workers (Eurofound & EU-OSHA, in the education sector in Denmark there was a 50% increase 2014). Indeed, psychological forms of violence are a major in physical violence against teachers by pupils (Danish Teachers and growing problem and are often invisible in the workplace Organisation, 2015). In the hotel and catering sector, a survey (ILO, 2016a; EU-OSHA, 2011; Eurofound, 2016). Evidence from by 3F found that 24% of workers had experienced sexual har- trade-union and other surveys discussed in this report also assment at work, mainly from clients. The Netherlands Working points to significant problems of sexual harassment at work, Conditions Survey 2011 (TNO/CBS, 2011) found that 24% of and has led to trade union mobilisation, awareness raising workers were exposed at least once to some form of third-party and negotiations in recent years. violence from people such as customers, clients, students and passengers. Appendix 2 gives a snapshot of data (collected in the 11 country case studies) from recent national surveys that According to the survey by the European Fundamental Rights has helped to give visibility to the hidden issue of sexual Agency (FRA, 2014), Denmark has one of the highest reported harassment at work. This data shows that estimates of the rates of sexual harassment in Europe, with 80% of women prevalence of sexual harassment at work range from 3% of respondents stating that they had been sexually harassed (in workers in Belgium, between 4% and 20% of workers in Den- places not confined to the workplace) at some point in their mark, and between 16% and 20% and in France. A TUC (2016) lives and 37% had experienced sexual harassment in the pre- survey on sexual harassment at work in Great Britain found that vious year. Analysis of the FRA survey by the Dutch Institute for more than half of all women and nearly two-thirds of women Gender Equality and Women’s History, ATRIA (Römkens et al., aged 18 to 24 years said they had experienced sexual harass- 2016), found that in the Netherlands 78% of respondents had ment at work. In a 2016 survey of women members of the UK experienced sexual harassment (not solely in the workplace), as University and College Union (UCU), on sexual harassment in against the EU average of 55%. There, 26% of respondents had the university/college sector, 54% reported a personal experi- been victims of stalking, in contrast to the EU average of 18%. ence of some form of sexual harassment at work. Of interest is that the TUC and UCU surveys showed that many women did Some unions are so concerned about rising levels of sexual har- not trust the system, fearing retaliation and/or loss of career assment at work, and the low rate of reporting of the problem, advancement and promotional opportunities, and very few that they are seeking to carry out surveys to use as an evidence reported sexual harassment to a union representative. Young base for negotiations with employers. This was the motivation women in particular, for example academics on precarious behind the recent TUC and UCU surveys on sexual harassment contracts, were very vulnerable to sexual harassment. Some carried out in 2016. In 2017, the CSC-Alimentation et Services women in the UCU survey spoke about how they had changed union in Belgium, which organises workers in female-dom- the way they dressed and behaved in the workplace, and how inated jobs in the cleaning, services, catering and home help sexual harassment had wrecked their lives and careers. A sectors, launched a survey, the results of which will be pub- survey in Ireland found that there had been a 14% increase lished in mid-2017. An ETF survey of women transport workers in the number of cases of bullying of nurses and midwives with affiliates across Europe, will be published in May 2017. reported over the previous four years, and 6% of respondents Sexual harassment in the workplace in Denmark is the subject said they were bullied daily (INMO, 2014). This was largely put of a new research study being carried out by Professor Anette

20 Borchorst, Aalborg University, with the involvement of several problems (Danish Nurses Organisation, 2015). New trade unions. government spending, amounting to 21 million kroner for 2015-2018, was allocated to the prevention of violence against hospital staff. However, a large part of the funding 2.4 NEW AND EMERGING ISSUES RELATING TO has already been spent, and the union believes that VIOLENCE AND HARASSMENT AT WORK additional resources are needed to deal with this growing problem. ÎÎ The FOA union of health and social care workers and the Danish Nurses’ Organisation held a joint conference on 29 Sexual harassment at work is May 2012 to discuss how to deal with the problem of vio- a“ serious problem which can have lence in psychiatric care. The unions note that increased pressure of work, the risks involved in working alone and far-reaching repercussions for the shortage of staff have contributed to the problem. the victims and impacts on the Since 2012, five women health-care workers have been whole workplace. Together with killed by patients in psychiatric care and treatment facilities. Unions believe, however, that little priority is given to the employers, we have the means addressing this issue. Recently, when a male police officer to address it effectively through was killed, almost all politicians and the prime minister collective agreements.” expressed their sympathy and publicly condemned the killing. The FOA union attempted to question why the kill- (Montserrat Mir, Confederal Secretary, ETUC) ings of the health-care workers did not receive the same amount of political attention. FOA believe that underlying As mentioned above, violence and harassment, including sexual this is the perception that working as a public servant in a harassment at work, are not new workplace issues. However, female-dominated field is not as important or prestigious some new and emerging issues in recent years, including a as being from a male-dominated field, even though it may focus on a broad ‘world of work’ perspective, have helped to be just as dangerous. shift both the focus and the attention given to violence and har- ÎÎ Research by Nordic unions on sexual harassment in the assment, particularly as they affect women workers. hotel, restaurant and tourism industry (HRCT, 2015) highlights significant problems, especially third-party sexual harassment directed at women, in particular young women THIRD-PARTY VIOLENCE AND HARASSMENT with insecure jobs. In the tourism industry, alcohol consumption, the tipping culture, irregular working hours In some sectors, working with clients or customers exposes and the notion that the customer is always right, and that workers to a higher risk of violence, for example in night-time harassment is part of the job, all contribute to a culture services such as bars and cafés where alcohol is consumed, of third-party harassment. The research highlights the and in places where criminal justice or policing are carried key role the social partners could play in challenging and out, where front-line services are provided by emergency first addressing endemic sexual harassment in the sector. responders, where money or prescription drugs are handled, ÎÎ Teachers’ unions in Ireland have been involved in discus- where care or education services are provided, and where sions with employers about addressing bullying and sexual work is done in isolated or mobile locations or at unsocial harassment in schools. For example, teachers’ unions par- hours. Significant risks of violence from third parties are faced ticipated in the Anti-Bullying Forum and an Anti-Bullying by transport workers such as bus drivers, ticket collectors, Working Group, established in 2012 by the Department of conductors and air stewards; and in predominantly female Education and Skills and the Department of Children and occupations, shop assistants, bar and restaurant workers, Youth Affairs. A public consultation with stakeholders and teachers, nurses and social care workers are often exposed the wider community informed a new Anti-Bullying Action to violence and harassment. Unions in the public sector report plan, which paid particular attention to homophobic bully- that in some sectors, such as social care for older people, ing and sexualised forms of bullying. disabled people and people with mental health difficulties, ÎÎ An ETUCE-EFEE project has supported teacher unions and aggression from service users has become commonplace. A education employers to become more proactive in their lack of staffing can contribute to aggressive behaviour, par- national social dialogue structures when reducing and pre- ticularly where service users may have complex needs that venting third-party violence and harassment (ETUCE-EFEE, are not being met. In the health sector, where austerity meas- 2012). It has included support to include third-party vio- ures have led to insufficient resources for staffing and for lence and harassment as issues in collective agreements high-quality services, there has been an increase in both the in the education sector, and to assist teachers’ unions and incidence and the severity of violence in the workplace. education employers to set up strategies on health and safety for schools, focusing in particular on preventing and ÎÎ In Denmark, rising levels of harassment are put down to a tackling third-party violence in schools. The results of the more aggressive working environment and an increase in project show inspiration and increased knowledge on the the number of patients with mental health and addiction part of teachers’ trade unions and education employers of

21 strategies and good-practice examples of how to prevent, resources and the need for more specific, detailed mitigate and tackle third-party violence. It also led to the guidelines for some sectors, such as health. Some dissemination of the multi-sectoral guidelines on third- EPSU affiliates in local government have stated that party violence and a guide for the education sector about they would be prepared to go beyond the guidelines how to prevent and mitigate it. and conclude an agreement. Public-sector workers also highlighted the problems associated with austerity measures, which have led to greater exposure BOX 5: MULTI-SECTORAL GUIDELINES to third-party violence. The evaluation suggested a TO TACKLE THIRD-PARTY VIOLENCE range of ways forward, including further research, AND HARASSMENT AT WORK a social partner agreement on third-party violence, and further implementation of the agreement through The social partners from the commerce, private Sectoral Social Dialogue work programmes. security, local government, health and education The report recommended additional steps to be sectors have agreed ‘Multi-sectoral guidelines taken, including negotiations for a social partner to tackle third-party violence and harassment at agreement on preventing third-party violence, the the workplace’. The guidelines were signed on 16 implementation of the guidelines as an integral part July 2010 by European social partners (EPSU, UNI of all the Sectoral Social Dialogue work programmes Europa, ETUCE, HOSPEEM, CEMR, EFEE, EuroCom- of the respective social dialogue committees, merce, CoESS, 2013). The guidelines were drawn up training for social partners in implementing the to address the growing concern about the impact of guidelines, and more financial support from the Euro- third-party violence on workers’ health and dignity, pean Commission for national projects. as well as the economic impact on absence from the workplace, morale and staff turnover. In addition, the social partners note that third-party violence can also create an environment that is unsafe for, and even frightening to, the public and service users, and TRAVEL TO AND FROM WORK thus has a negative social impact. According to the guidelines, different studies show that between 2% The risk of violence against workers travelling to and from and 23% of all workers have experienced third-party work is a new ‘world of work’ issue affecting those on early violence. Owing to the concentration of female work- or late shifts, including those who work at night because of ers in the sectors where contact with members of late opening hours in retail. In the UK, the Freedom from Fear the public is most prevalent, women are more often campaign organised by the shop workers’ union, USDAW, confronted with third-party violence than men. is a good example of negotiations to enhance the safety of The guidelines set out the practical steps that can be women shop workers on their way to and from work late at taken by employers, workers and their representa- night or early in the morning. tives/trade unions to prevent and mitigate problems of third-party violence and harassment. The steps ÎÎ The ‘Freedom from Fear’ campaign run by the UK retail reflect best practice developed in the sector while union, USDAW, has focused on increasing safety for shaping joint approaches to health and safety, and women shop workers who travel to and from work either build on the existing obligations on employers and late at night or very early in the morning. An USDAW workers in the field of health and safety. In particular, survey on the issue showed management that it needed employers also have an obligation to consult workers to be tackled jointly. Concrete examples of what has been and/or their representatives on all matters relating to agreed include giving women time to come off the super- health and safety at work. market checkouts, once the store had closed, so that they The joint evaluation report on the follow-up to the could move their cars to directly outside it, as car parking implementation of the multi-sectoral guidelines (EPSU for staff was often the furthest away. Another example -HOSPEEM-CEMR-UNIEUROPA-EUROCOMMERCE- is fitting a loud bell to the staff entrance, so that when ETUCE-EFEE-CoESS, 2013) contains examples of women arrive for their shift in the early hours of the morn- how they have been used and promoted within the ing they can be heard and let into the store straight away. framework of projects, campaigns, awareness rais- Previously they could find themselves standing outside for ing and concrete actions. Examples include the up to twenty minutes as they could not be heard. In one signing of an agreement on third-party violence in case, reps got a manager to agree to walk to the local train local and municipal government in Denmark, an station at night to see the route that women who were information and awareness-raising campaign in Fin- finishing at 22hrs had to walk. It was then agreed that land, and seminars and training in Germany, France, women could change their shifts if they were concerned the Czech Republic, the Netherlands, Latvia and the about their safety. Other examples include keeping car UK. A range of difficulties were identified, such as park lights on until staff have left the premises, and agree- low awareness about and understanding of third- ing to finish a shift early to enable staff to catch the last party violence, cuts in public spending, insufficient bus home.

22 GENDER-BASED VIOLENCE AS AN OCCUPATIONAL women can heighten safety hazards. Low pay and income, SAFETY AND HEALTH ISSUE the burden of caring for others or domestic violence can add to workplace stress; women working alone or on night As we have shown, violence and harassment at work are shifts may feel more vulnerable.” The guidance shows that increasingly understood as an occupational safety and health unionised workplaces are safer for women, and that work- risk affecting workers’ physical and psychological wellbeing, place reps, equality reps and safety reps play a key role in and as a core safety and health issue in occupational risk negotiating better health and safety for members at work. assessments and prevention programmes (EU-OSHA, 2011). Violence against women is one of the issues covered in This has helped unions to extend workplace prevention pro- the toolkit, which includes a model policy and checklist grammes on violence and harassment. Adverse working to help union reps address domestic violence at work, conditions are increasingly defined as occupational risks to together with a sexual harassment checklist for them. be tackled through occupational risk assessments and prevention programmes. In Belgium, for example, sexual harassment ÎÎ A similar approach has been taken by the Italian and violence are principally dealt with as psychosocial risks confederation, CISL, in a booklet which set outs a in the workplace under the 2014 Act on Wellbeing at Work. gender-based approach to safety and health, including Under the Act, stress, psychological harassment and sexual psychosocial risks and work-related stress, a gender-based harassment at work can result from workers being exposed approach to company risk assessments and a ten-point to an aspect of the work environment or behaviour over which plan for workers to promote safety and health at work the employer has some control (e.g. work organisation, work (based on Legislative Decree 81/08). Shifting the focus content, working and living conditions at the workplace or to an occupational safety and health issue has enabled interpersonal relationships). unions to strengthen and mainstream violence against women throughout the union. Although integrating gender-based violence into occupational safety and health initiatives has presented challenges, ÎÎ ‘Workers’ safety representatives training for better some unions have put considerable effort into mainstream- occupational health of workers’, a project run by the ing gender-based violence in occupational safety and health Slovenian confederation ZSSS and co-financed by the measures, especially by addressing psychosocial risks in risk Health Insurance Institute of Slovenia, was carried out in assessments and in company policies. 2013-2014 to enhance workers’ occupational health and to increase the number of workplaces with an elected ÎÎ Unions in the Netherlands see that one potential way to worker safety representative. The trade union has provided address violence and harassment in joint employer-union professional training for workers’ safety representatives negotiations is through the agreement of ‘Health and Safety and has set up an e-network for them. ZSSS see this Catalogues’, which are legally binding. Under the Social network as being important in addressing sexual and Economic Council, social partner representatives at harassment at work in the future. A further project run sector or company level are required to agree on detailed jointly by ZSSS and the main health insurance institution policies, and their agreements are recorded in a Health and has been exploring ways to reduce absenteeism at work. Safety Catalogue. They also inform the work of the labour The project has trained workplace representatives to inspectorate. Some of catalogues have been drawn up with identify and address health and wellbeing, and to promote specific guidance on violence and harassment. Examples good relations between colleagues in the workplace. It include catalogues in the service sector, including for phar- has also examined psychosocial risks and violence at macists, taxis and petrol stations, and also for vocational work. Harassment and violence at work were revealed to training schools, ambulance services, banks, utility compa- be a significant problem. Workshops have been held with nies, and various government institutions. However, unions the health insurance institute and with experts, including interviewed for the country case study stated that in this some from the USA. The project has helped to reduce work, sexual harassment and gender-based violence are absenteeism, and the insurance companies have stated rarely addressed in the safety catalogues. that their return on their investment in the project has been four times what they put into it. ÎÎ The TUC gender and occupational safety and health Gender Sensitivity Checklist provides guidance on how to include a wide range of gender equality issues, including violence against women and sexual harassment. This checklist is currently being updated, and it is anticipated that a strengthened priority will be given to preventing and tackling sexual harassment at work.

ÎÎ A Women’s Health and Safety at Work Toolkit drawn up by the Scottish Trade Union Confederation (STUC) Women’s Committee sets out a range of hazards affecting women in the workplace. It argues that “Discrimination against

23 BOX 6: UNION ACTION TO PREVENT AND Harassment and violence are a TACKLE MOBBING AT WORK: THE ROLE OF workplace“ risk… We tried to find ‘MOBBING AND STALKING COUNTERS’ out what is wrong and why people In Italy, mobbing is recognised as an urgent health are absent from work, and we look and safety risk in the workplace, and one that results at how health and wellbeing can be in physical, psychological strain and suffering. It is a growing problem, linked to changes in the organ- improved and violence prevented in isation of work and an increase in work demands. the workplace. In practice we found Several unions spoke about the growing danger of that harassment was reported mobbing being viewed as a gender-neutral issue, although in practice the majority of victims are as a significant issue by many women, and mobbing often take the form of sexual participants.” (Andreja Poje, Executive Secretary, harassment. As Mole (2012) argues, workers are Economics and Equal Opportunities, ZSSS) not viewed as sexualised or gendered subjects, and this limits the understanding of the issue as a form of gender discrimination and unequal gender rela- ÎÎ The Danish Strategy for safety and health measures up to tions. Interviews with those responsible for both the 2020 was agreed in consultation with the social partners in government’s mobbing counter (Sportello Mobbing 2011. The strategy states that a good psychological work- INAS) and the counters run by the unions UILPA ing environment is important for communities, businesses and CGIL spoke of the growing problem of mobbing and individuals, and it can increase productivity, improve at work, including sexualised forms of it. Overall, it is efficiency and reduce absenteeism among employees. estimated that 80% of workers contacting mobbing Guidelines, drawn up by the Danish Work Environment counters are women – many are victims of either Authority in consultation with the social partners, were sexual harassment or domestic violence. a response to growing concern about sexual harassment at work. The guidelines, entitled ‘A good psychological In addition to the mobbing and stalking counters run working environment: prevention of sexual harassment’, by the state agency INAIL (Occupational Health and were sent out to all employers in Denmark in 2016 with Workers Compensation Authority), unions have also the aim of preventing sexual harassment in the workplace established mobbing and stalking counters across and giving employers practical advice on how to handle the country. These services are often more acces- it. Unions involved in drafting the guidelines wanted to sible to workers when they are provided and run by include stronger regulatory measures setting out the obli- unions, and they are often trusted by workers. The gations on employers. counters provide advice, support, information and the informal and formal resolution of complaints ÎÎ A further resource is the Dutch Labour Inspectorate’s made by victims of mobbing. The dedicated mobbing health and safety check online tool, introduced in 2016 to and stalking counter in Naples has a good practice, help employers and workplace representatives to assess whereby a network of psychologists, mediators, law- the state of play of occupational health and safety. It yers and police aim to reduce violence and mobbing. includes checklists on psychosocial risks and work pres- According to Anna Letizia (coordinamento donne sure, including ‘bullying, intimidation, sexual intimidation’ Napoli, CISL), this network “plays a pragmatic role and ‘third-party violence’. This enables employers to iden- and through the network they help us, along with tify areas of risk and to carry out a more detailed thematic municipal social workers, to make the best possible review to address the problem. decisions for victims.” The counter was established in 2010 and is run by volunteer workers, lawyers and ÎÎ In Italy, through a network of ‘mobbing and stalking coun- psychologists. It is led by an energetic and commit- ters’, the state agency INAIL (Occupational Health and ted women’s officer, who has built a network with all Workers Compensation Authority) has introduced assis- sectors – health, education, social work, police, law- tance for workers who have been mobbed and harassed. yers, courts – to ensure that service providers are Some unions also run mobbing and stalking counters. See aware of the needs of women experiencing violence. Box 6 below on union action to prevent and tackle mob- The counter deals with violence against women and bing at work. stalking (as the majority of cases are about women), and its staff support and accompany women to court and help them to make decisions. Since 2010, approximately 100 cases have been reported to the police. Ongoing support is offered to women as investigations are carried out. The Naples counter disseminates leaflets, raises awareness and con- ducts training with judges.

24 In many large workplaces, and particularly in the public ÎÎ An ‘integrated equality approach/non-discrimination’: This sector, mediators/advisors provide confidential advice and is where violence and harassment are considered part of support for victims of harassment. In Belgium and the Neth- an integrated equality/non-discrimination approach where erlands, legislation provides for the appointment of workplace gender is one of multiple grounds (race, disability, gender, ‘persons of confidence’ who ensure confidential support to religion or belief, sexual orientation, age, etc.). The main victims of violence. In Slovenia, the introduction of the 2009 focus is on discrimination-related harassment affecting decree on measures to protect workers’ dignity at work in one or more of these groups. state administration led to the appointment and training of ÎÎ A ‘dignity harm/wellbeing at work’ approach: Violence and workplace counsellors. To date the Ministry of Labour, Family, harassment are included in health, safety and wellbeing Social Affairs and Equal Opportunities has trained over 600 at work programmes covering all workers. In most cases workplace counsellors to this end, and the head of each public violence is viewed as a psychosocial risk and reference is administration service is required to publicise the role of the also made to sexual harassment. counsellors. The counsellor gives advice and helps to mediate and resolve an issue. Good practices have been established in the police and army; these are sectors where complaints of a) European Social Partners’ Autonomous sexual harassment had been made in the past. ‘Framework Agreement on Harassment and Harassment at Work’ (2007)

2.5 COLLECTIVE BARGAINING AGREEMENTS An overarching framework on violence and harassment, AND WORKPLACE POLICES which has framed a large number of CBAs across Europe, is the 2007 autonomous ‘Framework Agreement on Harass- The CBAs collected in the ETUC ‘Safe at Home, Safe at Work’ ment and Harassment at Work’ (hereinafter referred to as project show a variety of approaches to collective bargaining, the 2007 European Social Partners’ Framework Agreement), from statements of principle and requirements to be elabo- signed by the European social partners (BusinessEurope, rated in workplace or in sectoral policies or agreements, to ETUC, CEEP and UEAPME) in 2007. The framework agree- more detailed provisions that define different elements of ment applies to all workplaces and all workers, irrespective violence and harassment at work, setting out prevention of the form of employment contract or relationship. A useful programmes, awareness raising, workplace procedures and definition of violence and harassment at work is found in employers’ responsibilities, as well as providing for psycho- the agreement, encompassing physical, psychological and/ logical or other support to victims. Some CBAs focus on all or sexual dimensions, whether in one-off incidents or more forms of violence (physical, psychosocial, sexual harassment), systematic patterns of behaviour. It states that violence can while others address solely the problem of sexual harass- be perpetrated amongst colleagues, between supervisors ment. Often the issue is addressed from a gender perspective, and subordinates or by third parties (e.g. customers, clients, as part of equality bargaining and gender mainstreaming patients, pupils), and that harassment and violence can be strategies, in recognition of the fact that sexual harassment carried out by one or more managers or workers with the and violence are discrimination-related violations of women’s objective of creating a hostile work environment. rights (ETUC, 2014). Some agreements have addressed the issue of third-party violence, particularly in female-dominated According to the final joint report by the European Social sectors. Partners on the implementation of the agreement, it has led to the introduction of a substantial number of national- and Appendix 3 lists nearly 120 agreements and workplace sectoral-level agreements, as well as legislation, to protect policies collected in the eleven country case studies, workers from violence, including harassment and sexual har- 80 of which address violence and harassment at work, assment (BusinessEurope, ETUC, CEEP and UEAPME, 2011). with a particular focus on sexual harassment at work. A further 40 agreements and policies on domestic violence at The following are some examples of how the European Social work were collected – they are discussed in the next section Partners’ Framework agreement has been implemented at of this report. A summary of these, including examples of national level. good practice agreements and policies identified in the eleven country case studies, are set out below. ÎÎ Renewed attention has been given to violence and harassment at work by unions and employers in Italy since the An analysis of these agreements shows a range of different signing of a national agreement in 2015, after ten years approaches taken by unions in their collective negotiations on of negotiation. The agreement, signed by the three trade violence and harassment at work. These tend to fall within union confederations (CGIL, UIL and CISL) and the employ- one or more of the following three areas: er’s organisation (Confindustria) adopts the definitions and text of the 2007 European Social Partners’ Frame- ÎÎ ‘Gender equality/sex discrimination’: As a gender equal- work Agreement in an annex. It specifies that, within ity issue, violence and harassment are integrated into three months of signing a declaration, employers’ asso- agreements on gender equality in the workplace, with a ciations and trade unions at territorial level must meet particular focus on sexual harassment. to identify procedures and structures to provide support,

25 including psychological and legal counselling, for victims ÎÎ The 2007 Social Partners’ European Framework Agree- of workplace violence and harassment. A declaration ment has been translated into Dutch and is annexed to annexed to the agreement can be directly implemented the implementing recommendation agreed by the Dutch at company level and aims to ensure that all companies, social partners in November 2008 in the National Labour including small ones, sign a declaration. On this basis it Foundation. It recommends that the parties should engage is up to every company to implement its own procedures in collective bargaining at sector and company level and and internal declarations in conformity with the contents should take serious steps to prevent and combat harass- of the agreement. Currently, unions are engaging in discus- ment and violence at work. It states that it is in everyone’s sions with employers and are raising awareness in order interests to promote mutual respect in the workplace, as to get the employers of medium-sized and small enter- this contributes to a company’s success and to employees’ prises to sign the agreement, and sectoral and territorial job satisfaction. agreements are being agreed. Examples include recent territorial agreements between employers and unions, signed ÎÎ Slovenian and Bulgarian unions have drafted national in 2016 in Vicenza and Sicily. They include a three-year framework agreements on violence, harassment and plan of positive actions in the workplace. Unions recognise stress, implementing the European Social Partners’ Frame- that more needs to be done at company level to help work- work Agreement on Work-Related Stress (2004) and the ers report cases of violence and harassment. Some union European Social Partners’ Framework Agreement on Har- representatives believe that the agreement is the first assment and Violence at Work (2007). However, in both step in implementing stronger measures in the workplace, countries employers have refused to sign the agreement, including sanctions and measures to prevent violence. and have preferred to implement the European framework agreements through awareness-raising measures such as ÎÎ The French social partners signed a national inter-profes- seminars and training events, awareness-raising materials sional CBA ‘on harassment and violence at the workplace’ and sample company procedures. on 26 March 2010, and the government extended the agreement by a ministerial decision on 23 July 2010. It transposes the 2007 European Social Partners’ Framework b) National and sectoral agreements and work- Agreement and complements the national inter-profes- place policies sional agreement on stress at the workplace signed on 2 July 2008, which was also based on a European framework In Belgium, all workplaces are required by law to have pol- agreement and was made compulsory by a ministerial icies and procedures in place to deal with harassment and decision on 23 April 2009. The agreement is mandatory for violence. The national CBA on the prevention of stress at all employees and employers, and unions and companies work, concluded in 1999 between the social partners and the are invited to “adopt the agreement at company level, to National Labour Council (CCT No. 72 of 30 March 1999) covers declare that violence and harassment in the workplace are violence and harassment. Negotiating workplace agreements not tolerated and to envisage concrete and appropriate is the responsibility of the social partners inside each com- measures to prevent them and to respond if they occur”. pany. In practice, most companies have established specific Further, the national agreement provides a list of items procedures and complaints mechanisms, including action which should be dealt with at company level, including plans for managing psychosocial risks and the appointment of an appeal procedure, respect for confidentiality, discipli- ‘persons of confidence’. These workplace policies have been nary sanctions, mediation and consultation of an external negotiated through agreements between the social partners expert. It also underlines the responsibility of the employer in workplace committees on safety and health at work (‘pre- to intervene and to adopt appropriate measures and sanc- vention committees’). In addition, the National Committee on tions with the involvement of the social partners. Wellbeing (‘l’humanisation du travail’) plays an important role in supporting social dialogue at company level. The EU-OSHA ÎÎ In Belgium, the 2007 European Social Partners’ Framework ESENER (2009) survey found that Belgium, along with Scan- Agreement has informed both the new law on Wellbeing at dinavian countries, had the greatest number of implemented Work and guidance issued by the National Labour Council. workplace procedures on bullying and harassment at work, with more than 60% of Belgian companies involved. However, ÎÎ In Denmark, sexual harassment has largely been addressed trade union confederations do not monitor agreements or pol- as a work environment issue, and several agreements icies agreed by the social partners in the workplace. This has comply with the 2007 European Social Partners’ Frame- made it difficult to identify how sexual harassment has been work Agreement. The main labour market organisations addressed in agreements and policies. – the Danish Confederation of Employers (DA) and the Confederation of Trade Unions (LO) – issued a declaration In Bulgaria, most sectoral agreements in the last ten years on implementing the EU Framework Agreement on harass- have included clauses either on non-discrimination and/or ment and violence at work in 2008. The social partners in on the prevention of violence and harassment, although few the Danish State Sector also implemented the agreement as specifically define or set out measures to combat sexual har- part of the 2008 CBA on Cooperation and Joint Consultation assment at work. The three main sectors where good practice Committees in State Sector Enterprises and Institutions. CBAs have been concluded on the issue are health, education

26 and transport, which are also the sectors that have the high- transport companies. The agreement was signed by the est levels of violence at work. Mayor of Sofia on 25 November 2009 and paved the way for similar agreements in other municipalities across Bul- ÎÎ The health sector was the first in Bulgaria to address vio- garia. The same text was signed with the municipalities lence systematically as an occupational safety and health of Varna, Burgas and Sliven on 25 November 2013. These issue, particularly in relation to third-party violence in sec- municipal agreements have been used as the basis for toral CBAs and the establishment of occupational safety signing further CBAs in municipal factories and plants, and health committees in the workplace. As a result of Bul- including in city transport. A new agreement with Gabrovo garia’s participation in the Joint Programme on Workplace Municipality was signed in 2015 and a public aware- Violence in the Health Sector, with the ILO, ICN, WHO and ness-raising campaign was launched in the four cities PSI (2010) the Federation of Health Trade Unions (affiliated across Bulgaria where FTTUB has an agreement on urban to CITUB) and the Medical Federation (PODKREPA) par- transport in place (Sofia, Varna, Burgas and Gabrovo), ticipated in a national survey and seminars on workplace and also on rail passenger transport (the national railway violence in the health sector, which subsequently informed company BDZ). One of the successes of the campaign was agreements on violence at work. that stickers reading ‘Stop gender-based violence at work’ were displayed in buses, trams, trolleys and trains. ÎÎ The Federation of Health Service Unions and the CITUB first agreed clauses on violence at work in 2004, including the ÎÎ Other agreements to prevent discrimination and to protect introduction of better security in public spaces to reduce the most vulnerable workers were signed in the metal third-party violence. Clauses on violence and harassment sector by CITUB, PODKREPA and the Employers’ Union in have been included and maintained in agreements since the Metal Industry on 16 April 2015. A Sectoral CBA on the 2006 (under Part III of the sectoral CBA on ‘Health and safety Mining of Mineral Resources, 2015, states that the parties at work’). This includes prevention measures to be taken to the contract must monitor discrimination that results in jointly between employers and trade unions and the estab- the violation of the dignity of a person or the creation of lishment at Working Conditions Committees to investigate a hostile or dangerous work environment, together with and deal with complaints. A further agreement, of 14 May other indicators, as set out in the anti-discrimination act. 2015, between the Bulgarian national health insurance fund The Bulgarian Post CBA, 2014-2016, on the prevention of and the Union of Civil Servants (PODKREPA) and the Federa- discrimination, states that “The employer commits to zero tion of Health Care Unions (CITUB), states that the employer tolerance of discrimination and violence (physical, psycho- shall protect the dignity and honour of the employee and logical or sexual) at the workplace.” The sectoral CBA on undertake measures to prevent the moral or physical viola- Breweries, of 27 August 2015, states that the employer tion of the employee (Art. 6). must undertake the measures necessary to avoid any form of discrimination, including by creating a healthy social ÎÎ In the transport sector, specific agreements on violence environment at work. The National Federation of Energy against women have been signed with employers, based Workers’ sectoral CBA, 2013, sets out measures to prevent on the long-term campaign initiated by the FTTUB. (See the the moral and physical abuse of a worker or employee per- example of the FTTUB campaign in Box 11 in the next sec- forming their duties at the workplace, and to improve their tion.) The 2012–2014 CBA in the transport sector includes a safety and health. special chapter on ‘Protection against violence at the workplace and gender equality’, which provides for joint actions In Denmark, violence, harassment and sexual harassment by employers and trade unions to prevent violence and har- are principally dealt with through workplace policies, some assment as part of a zero-tolerance approach. Since 2010, of which are drawn up on the basis of CBAs. Many employ- FTTUB has negotiated the same clauses in eight compa- ers, particularly in large companies, have drawn up internal ny-level agreements (covering companies in freight, public complaints procedures in the workplace to combat harass- transport, etc.). The process of persuading employers to sign ment and sexual harassment. These often have a focus on sectoral agreements was assisted by the guidelines drawn prevention. In the majority of cases they are drawn up in up by the European sectoral social dialogue (CER employers’ consultation with trade unions. Although most workplaces association and unions) for the railway sector. Additional have implemented policies on sexual harassment at work, in agreements with a specific focus are the CBA with Bulgar- some sectors either such policies do not exist or workers are ian Rail against violence against women at the workplace, unaware of them. As 3Fs study of sexual harassment in the signed on 7 March 2012, and the CBA with Sofia airport hotel and restaurant sector (cited above) found, only around on violence against women in the workplace, signed on 25 one-quarter of workers knew of a formal policy for handling November 2012. Municipal-level non-binding agreements sexual harassment (Analyse Denmark, 2015). were concluded on joint actions to prevent work-related harassment and violence against women. ÎÎ A workplace policy that demonstrates good practice is the agreement between unions and Post Danmark, the largest ÎÎ A CBA with the Municipality of Sofia covers cooperation postal company in Denmark with approximately 15,000 and joint action on the prevention of work-related har- employees. The policy for the Funen and South Jutland assment and violence against women in the city’s urban postal area was agreed with unions and is regarded as a

27 good practice because it includes detailed guidelines and In France, violence and harassment at work are regularly measures on bullying, harassment and sexual harassment, included in sectoral and workplace collective agreements and as well as domestic violence at work. negotiations on gender equality conducted at company level.

ÎÎ A national agreement signed by the Danish Working ÎÎ Examples of good agreements negotiated by French unions Environment Authority, the Employers’ Confederation include an agreement adopted in June 2013 with SAFRAN and LO-Trade Union Confederation, dating back to 2001, (aerospace/defence/security) on the ‘prevention of sexual stipulates that local agreements have to be adopted to harassment and violence at the workplace’. The agree- tackle mobbing, harassment and sexual harassment at ment defines harassment and violence at the workplace, work. Guidelines have been adopted and an amendment and identifies measures to be taken in order to prevent has been made to the labour law to affirm that “the work violence and harassment and to guarantee the safety and does not entail any risk of physical or mental health dete- health of workers. rioration owing to bullying/harassment, including sexual harassment”. The agreement has led to a wide range of ÎÎ The agreement with La Poste includes a Section VIII in its local agreements both at company level and in municipal- CBA on ‘professional equality’, signed by all unions on 3 ities/regions. In the 2008 Agreement on Cooperation and July 2015, which refers to ‘violence and sexual harass- Joint Consultation Committees in State Sector Enterprises ment at the workplace, violence committed by clients and and Institutions, the parties to the agreement (the State domestic violence’. It states that the company will not tol- Employers’ Authority and the Confederation of Danish erate, and will sanction, moral and sexual harassment; it State Employees’ Organisations) added a new clause on will support workers by paying legal fees when cases of harassment and violence: “The Cooperation Committee third-party violence are taken to court; and HR and man- shall lay down guidelines that ensure a working envi- agement are encouraged to carry out regular information ronment where employees are not exposed to mobbing, campaigns for the benefit of workers. (sexual) harassment or violence from colleagues, management or a third party. The Cooperation Committee must ÎÎ UDES (union of employers in the social and solidarity continuously see that the guidelines fulfil their purpose” economy), with twelve branches, concluded a CBA on pro- (Article 5(10)). fessional equality between women and men in November 2015. Article 9 deals with combating gender-based and ÎÎ The general CBA for the Danish regional and municipalities sexual violence. sector was signed in 2008 by the two employers’ unions (Local Government Denmark and Danish Regions) and ÎÎ On 8 March 2013 the French public sector adopted the first the Danish Association of Local Government Employees’ CBA on the issue of “professional gender equality” and Organisations. It contained a new agreement on prevent- Chapter 4 of the agreement deals with the obligation to ing, identifying and managing harassment and violence, prevent all kinds of gender-based violence at the workplace including sexual harassment and third-party violence at as well as domestic violence detected at the workplace. work, and specified that workplace co-determination com- Amongst the definition of the concepts, the legal obligations mittees in each region/municipality had to actively prepare and sanctions, it foresees training sessions for all new civil guidelines on how to prevent harassment and violence by servants and management. It underlines the importance of 1 April 2010. In 2009, two booklets were produced, jointly, the role of the occupational safety and health committee to to assist the co-determination committees in drawing detect and prevent violence. up the guidelines. Good practice case studies have been highlighted in three municipalities, a regional institution, In Germany, gender-based violence has been addressed in a hospital and a campaign partnership between a munic- CBAs under four main headings: constructive conflict manage- ipality, a region and a traffic company (Local Government ment; fair and loyal behaviour at the workplace; protection Denmark, Danish Regions and the KTO, 2010). against discrimination, mobbing and diversity; and (less often) sexual harassment. Few agreements, however, refer explicitly ÎÎ A further agreement, signed by the employers and the to sexual harassment at work. Danish Association of Local Government Employees’ Organisations on 1 April 2015, set aside two million Danish ÎÎ An agreement with Volkswagen AG, dating back to 1996, crowns to fund a study on the psychosocial working envi- entitled ‘Partnerschaftliches Arbeiten am Arbeitsplatz’ (col- ronment in the sector. However, unions have found that legial working at the workplace,) which was an initiative of employers are resistant to addressing this issue (harass- the Works Council to prevent and inform workers about all ment, bullying, mobbing and discrimination). When unions kind of discrimination, mobbing and sexual harassment. put the psychosocial working environment on the table for tripartite discussions in 2016, the employers refused to ÎÎ A company policy agreed in 2009 with unions at Deutsche discuss it, claiming that it was not a severe problem and Telekom AG (DTAG) includes violence, violence prevention that the existing legal framework already secured a good and sexual harassment at the workplace. A company direc- psychosocial working environment (Eurofound, 2016). tive, ‘Policy on personal security’, entitles each employee to have a workplace free of physical and psychological

28 violence and a ‘fear-free’ working environment. DTAG also ary 2016, in the freight sector the company TNT agreed runs training workshops for managers. It has trained ‘har- a declaration of accountability (based on the 2007 Euro- assment managers’ who give advice, guidance and support pean Social Partners’ Framework Agreement), stating that to employees and victims, and who are themselves advised it will promote a work environment where the dignity of and supervised by a ‘harassment management’ working everyone is respected, based on principles of equal oppor- group which meets regularly. tunity. In the air transport sector, the EasyJet airline signed an agreement on 4 March 2015 on procedures to protect ÎÎ In January 2016 Deutsche Bahn AG adopted a company worker’s dignity and prevent sexual harassment, while an agreement ‘for equal treatment and protection against agreement with Busitalia on 18 February 2015 is based (sexual) harassment and discrimination’. It goes further on the principles set out in the national agreement, and than what is provided for in the legislation by organising parties commit to implementing equal opportunities and training sessions for managers and employees and setting positive action measures, and to preventing, eliminating up help-lines for staff, and it is active in empowering and and sanctioning any undesired behaviours which offend training female employees, including by training them in people’s dignity and which can be defined as harassment, self defence against physical and sexual violence perpe- including sexual harassment (in accordance with Legisla- trated by clients. tive Decree 198/2006).

A further good practice is the agreement signed in 2012 ÎÎ In the water and energy sectors, violence against women with the Charité – University Hospital Berlin on sexual har- has been given a new focus in negotiations, through the assment. Two brochures have been published on the topic, development of ethical codes, drawn up as part of CSR giving practical advice to employees, students, patients and policies to link sustainability provisions to gender equal- managers about the internal appeal procedure and victim’s ity and dignity at work for women. A good example is rights. In 2014 Charité initiated a project called ‘Watch-Pro- the CSR Code developed by the water company in Rome tect-Prevent’ and in the same year it launched a survey on the (ACEA), which protects the dignity of workers and has a topic amongst its employees. This led to the development of a focus on addressing discrimination and sexual harassment. policy on the prevention and treatment of sexual harassment In the gas and water sectors, national agreements with six in 2016. employers’ associations were amended in 2010 and now refer to the principle of non-discrimination and the preven- In Italy, unions in many sectors have negotiated agreements tion of violence at work. In the energy and petrol sector, on violence and harassment or are in the process of negoti- the national agreement includes a section on “Protecting ating new agreements following the implementation of the men’s and women’s dignity in the workplace”, with a focus 2007 European Social Partners’ Framework agreement (dis- on prevention and information about discrimination and cussed above). Certain sectors stand out as being particularly sexual harassment. innovative in highlighting gender-based violence at work: ÎÎ In the energy sector, the national agreement for energy ÎÎ Transport sector unions have ensured that most compa- and oil principally covers the energy company ENEL, ny-based agreements make reference to the prevention of which has adopted an ethical code on equal opportunities, violence against women. An increase in women bus and women’s career paths, and preventing violence and har- train drivers and conductors in recent years has led to a assment. The national agreement refers to ‘equal dignity much greater focus on women’s safety and on the growing to prevent sexual harassment and the limiting of one’s incidence of third-party violence and harassment against freedom; to safeguard the dignity of men and women in women. This has led the unions in the transport sector to the workplace’. A 2012 report by ENEL’s National Com- propose a single protocol with actions for each transport mittee on Equal Opportunities for Promoting Equality, sub-sector. Two innovative national agreements on gen- Diversity and Respect sets out objectives to further pro- der-based violence in the workplace have been signed: one mote equality and dignity at work, which are currently with the ANAS (the national road management author- being discussed under ENEL’s ‘Policy Project for Diversity’. ity), which sets out a commitment to prevent and address The platform negotiating the renewal of the FILCTEM CGIL, workplace harassment through an agreed protocol, and FEMCACISL, UILTEC gas and water agreement (2016-2018) one with ENAV (the national air traffic controllers’ organ- contains provisions for training plans including sessions isation) which sets out the principle that employment on disseminating a gender culture and promoting respect, relations have to take place in a suitable environment, with the aim of preventing the abuse and harassment of with methods and conditions to guarantee equal dignity women. The bargaining proposal by FILCTEM CGIL, CIS- between women and men, to identify cases of harass- LReti, UILTEC for the renewal of the national electrical ment, to change behaviour and to correct attitudes that agreement (2016-2018) makes reference to workplace har- may jeopardise the development of good relationships in assment and violence, specifying that all companies are the workplace. Company-based agreements have been requested to sign a public intolerance statement. signed in the transport sector to prevent harassment and violence in the workplace. The unions have identified three ÎÎ On 5 February 2016 a national agreement was signed examples of good practice, one being that, on 25 Janu- for the food sector on the prevention of discrimination

29 (between the unions FAI-CISL, FLAI-CGIL, UILA-UIL and BOX 7: AGREEMENT ON SEXUAL 15 employers’ associations from the employers’ body HARASSMENT IN THE WOODWORKING Confindustria). The agreement sets out a memorandum SECTOR SIGNED BY THE THREE UNIONS of understanding (Joint Statement) based on the National IN THE SECTOR (FENEAL-UIL, FILCA- Framework Agreement on violence and harassment at CISL, FILLEA-CGIL) AND THE EMPLOYER work, signed by the three main trade union confederations. (FEDERLEGNOARREDO) It also includes a clause setting out the legislative provisions for three months’ paid leave for victims of domestic In the woodworking sector, unions have been very violence, with an additional three-month leave period, active in addressing gender-based violence. A which is in addition to the three months’ leave in the leg- woman heads up the bargaining team and there islation (see Section 4). It contains a commitment by the is an active women’s network in the sector, where parties to the agreement that they will draw up and final- women represent 30% of workers, unlike in the ise a national behavioural code against sexual harassment building sector, where they account for only 10% and mobbing. Unions in the sector want to encourage more of workers. The agreement to address sexual har- women to report cases of sexual harassment and violence, assment in the woodworking sector was signed as and see the agreement as one way to encourage them to part of the four-year woodwork sectoral agreement do so. in 2015. A detailed Code of Conduct on sexual harassment and mobbing is annexed to the agreement, ÎÎ Progress has come to a halt in the public sector, where which has set the language for all future bargaining there has been no national agreement for seven years, proposals in the building sector. It provides simple despite the fact that harassment and sexual harassment but comprehensive definitions and solutions that are identified as growing problems. The public adminis- could be implemented and that employers would tration union, UILPA, anticipates that a bargaining process find acceptable. The Code of Conduct provides for will commence soon to include provisions on sexual har- the establishment of workplace committees made assment in all CBAs in the public administration. To date, up of union and employer representatives who are all national CBAs in the public sector since 2003 have responsible for raising awareness amongst employ- contained a reference to the prevention of sexual harass- ers and workers. The agreement requests individual ment and mobbing, and have included the establishment companies to undertake to sign the Code within one of Joint Committees on Mobbing, which have the role of year of the establishment of the committee. The preventing and dealing with harassment and violence at agreement states that “Any sexual harassment or work, while a model ‘Code of Behaviour against Sexual mobbing behaviour, as defined below, is unaccept- Violence at Work’ has been implemented across the public able. Men and women workers are entitled to be sector. One good practice in this sector is that ‘advisors’ treated with dignity and their personal freedom must have been appointed at workplace level to help victims of be respected” and that “men and women workers violence. and companies must both contribute to maintaining a work environment where everybody’s dignity is ÎÎ Unions in the woodworking sector have bargained effec- respected and interpersonal relations are encour- tively to address sexual harassment at work (see Box 7 aged, on the basis of the principles of equality and below). This has resulted from union activity over a long mutual respect.” The parties to the agreement agree time to address gender-based violence, driven by a key to disseminate the code of conduct widely within the woman negotiator and an active women’s network. The manufacturing sites. agreement gives detailed definitions and procedures for preventing and addressing sexual harassment at work. The Code gives a detailed definition of sexual har- Since it was signed, unions have been prioritising work to assment and mobbing, with examples of the different implement territorial and company-level agreements, and forms they take, and it describes the roles of the to engage in dialogue with companies. This is particularly Provincial Counsellor for Equal Opportunities and important as the economic crisis has prompted changes in the Company HR Manager and other designated work organisation, which are leading to more violence. individuals. The agreement provides for an informal procedure and arbitration by mutual consent, and for formal procedures to be implemented in cases of sexual harassment and mobbing. In relation to the training of managers, it specifies prevention and awareness-raising activities, the dissemination of information to workers about procedures, and joint employer/union monitoring of the code.

30 ÎÎ There is a good deal of anecdotal evidence of sexual har- harassment and violence. It provides for the appointment assment and violence against women in the agricultural in municipalities of a harassment and violence coordina- sector, much of it psychological harassment, connected to tor, the adoption of best practices and procedures, and stress on workers and issues such as forced night work and an incident reporting system. This joint action between shift changes. Italian unions in the agricultural sector (FAI- employers and trade unions has, according to VNG, led a CISL, FLAI-CGIL, UILA-UIL) have begun organising workers reduction in the number of incidents in local government. in this sector and are of the view that negotiators at workplace level will need to be trained on how to implement the ÎÎ The CBA for Hospitals 2009-2011 recommended a number of national agreement on violence and harassment. Unions measures to prevent violence, including a risk inventory that have begun a process of informing women of their rights. pays special attention to “tackling work pressure, aggression, physical strain and violence”. In the health sector, In the Netherlands, during the 1990s FNV adopted a series unions have highlighted the need to do more to tackle of recommendations on the position of women in the labour sexual harassment by third parties (clients and patients). market. One was a special recommendation on sexual intimidation in the workplace, which included proposals to develop ÎÎ In transport, the CBA for the public transport sector, “Mul- a complaints procedure and to appoint ‘persons of confidence’ timodaal vervoer” 2014-2015, pays particular attention to trained to deal with sexual harassment. This led to a lot of sexual intimidation and discrimination and makes recom- activity in collective bargaining. One example at the time was mendations such as appointing a confidential counsellor an agreement in the catering industry, which covered workers and establishing a complaints procedure, introducing pre- who had to travel to, and work in, other locations to provide vention measures, and developing a workplace policy with catering services. The union was able to persuade all employ- consultation between management and the works council. ers to sign agreements on preventing sexual harassment, on The CBA also recommends the appointment of a person the basis that if all catering employers adopted agreements of trust, who has the confidence of the workers and to on the issue, it would reduce unfair competition between whom they can turn for advice and support in the event of catering companies, some of which might otherwise may incidents of sexual harassment, together with the estab- lose contracts if they were not prepared to address sexual lishment of a complaints committee. harassment. Over time the ‘person of confidence’ role was broadened to cover all forms of undesirable behaviour, bully- In Ireland, violence and harassment are addressed in agreeing and harassment. Today 90% of workplaces have ‘persons ments as either an issue of equality and/or of workplace of confidence’, but few deal specifically with sexual harass- bullying, which includes the issue of sexualised bullying. Irish ment. The interviews with union representatives in the FNV employers and unions appear to use the language of bullying indicated a general assumption that the issue of sexual har- more frequently than harassment or sexual harassment. In assment had been solved, leading to its not being currently most cases, unions are involved in negotiations with employ- prioritised by unions. Since the mid-1990s, a large number of ers to agree a workplace policy. CBAs have included provisions obliging employers to prohibit sexual harassment and/or to set up a complaints procedure ÎÎ With the social partners, the Equality Authority has drawn and provide for counselling in the workplace. According to up a Code of Practice on harassment and sexual harass- Rikki Holtmaat (2011), in 2004, 44% of workers in the Neth- ment, which gives guidance on workplace policies with erlands fell under a CBA that contained provisions concerning a focus on equality and non-discrimination (see Box 8 (sexual) harassment at work. She argues, however, that since below). However, no follow-up or evaluation of the Code then CBAs have become a less important mechanism, as more has been carried out to see how it has been implemented employers have introduced their own codes of conduct and in practice. In the public sector and large companies, work- complaints procedures. Codes of conduct and internal policies place agreements and policies on workplace bullying are on workplace procedures for tackling sexual harassment have commonplace, and workplace employee advisors provide been issued in many different sectors of the economy, in par- confidential advice and support on bullying, harassment ticular by large employers in industry and retail, healthcare, and sexual harassment. education, and sports. ÎÎ The Civil Service ‘Anti-Bullying, Harassment and Sexual Har- Many CBAs provide for complaints committees and pre- assment Policy – A Positive Working Environment’ was first vention measures. In the public sector, codes and voluntary negotiated in 1999. A review of the policy in 2005 led to a agreements on safety and health at work have been estab- new one, ‘Dignity at Work – An Anti-Bullying, Harassment lished between the social partners. and Sexual Harassment Policy for the Irish Civil Service’ in 2015 with greater emphasis on mediation and informal pro- ÎÎ A voluntary safe workplace framework agreement in 2009 cedures as a means of resolving complaints. However, an led to a number of workplace agreements with rules on Equality and Diversity Survey carried out by the civil service prevention, on reporting and dealing with cases and on union, CPSU, in 2015 found that 95% of respondents had giving support to victims. The 2010 agreement of the Asso- never used the policy, and 86% said they would not know ciation of Netherlands Municipalities (VNG) and municipal what to do if they had a complaint to make. trade unions contained a new section on policies to reduce

31 ÎÎ An Anti-Bullying, Harassment and Sexual Harassment ÎÎ Employers and unions in the banking sector were the first Policy and Procedure that has been agreed in the Irish to sign an agreement that includes clauses on mobbing at health service recognises the right of all employees to work, including sexual harassment, prior to the introduc- be treated with dignity and respect and to work in an tion of legislation. The agreement is widely regarded by environment free from all forms of bullying, sexual har- trade unions as a best-practice agreement. Article 8 states assment and harassment. Confidential support persons that the employer is responsible for ensuring a normal are employed and trained in the health sector who pro- working environment and good psychosocial conditions vide information for victims of bullying, harassment and or for work; for ensuring that there are measures to prevent sexual harassment. psychological, physical and sexual harassment and mobbing at the workplace; and for protecting victims from such acts. The employer is obliged to regulate the prevention of BOX 8: CODE OF PRACTICE ON SEXUAL discrimination, sexual and other harassment and mobbing HARASSMENT AND HARASSMENT AT WORK, at work, and to adopt practical preventive measures. The REPUBLIC OF IRELAND (2012) management board and the trade union must unanimously appoint an authorised person to address and resolve cases The Code of Practice, prepared by the Equality of psychological, physical or sexual violence and bully- Authority with the approval of the Minister for Jus- ing at the workplace. If no consensus is reached within tice and Equality, was agreed in consultation with 15 days, the employer appoints the authorised person. IBEC (employers), ICTU (unions) and other relevant A report on the cases dealt with in this area, and meas- organisations representing equality interests. The ures taken, must be submitted every year to the trade Code aims to give practical guidance to employ- union. The employer must inform workers of their right ers, employers’ organisations, trade unions and to dignity at work, the protection of privacy and personal employees on what is meant by sexual harassment integrity. Article 67 states that “workers who took sick and harassment in the workplace, how it may be leave because of mobbing, discrimination, sexual or other prevented, and what steps to take if it does occur harassment, which is formally established by the manage- to ensure that adequate procedures are readily ment or by court with a final judgement [have] the right to available to deal with the problem and to prevent its 100% payment compensation for sick leave.” Under Article recurrence. The Code seeks to promote the imple- 8, the employer “is obliged to regulate the prevention of mentation of policies and procedures in order to discrimination, sexual and other forms of harassment and establish “working environments free of sexual har- mobbing”, and Article 11 states that the employer “has to assment and harassment and in which the dignity of take a position towards the opinion of the trade union on everyone is respected”. the proposed general acts or to discuss those proposals with the trade union.” The Code states that “An employer is legally responsible for the sexual harassment and harassment ÎÎ Other sectoral CBAs that address violence and harass- suffered by employees in the course of their work ment in Slovenia include the Slovenian hospitality and unless he/she took reasonably practicable steps to tourism sector, a CBA in the non-metal production, extrac- prevent sexual harassment and harassment from tion and processing industry and a CBA in the electro and occurring, to reverse the effects of it and to prevent metal industry. The 2014 company agreement between its recurrence.” Guidelines are provided on drawing the Petrol oil company and ZSSS set out employers’ up effective policies and procedures to deal with obligations to provide a working environment in which sexual harassment and harassment, which should no worker will be exposed to sexual or other forms of be agreed by the employers with the relevant trade harassment or mobbing by the employer, supervisor or union or employee representatives. In so far as prac- colleagues, and stipulates that to that end the employer ticable, clients, customers and business contacts should adopt appropriate measures to protect the workers should also be consulted. from sexual and other forms of harassment or mobbing at the workplace and to protect their personal data. A further good-practice company agreement, involving the Mercator supermarket chain, can be found in Box 9 below. Sectoral CBAs signed by unions and employers in Slovenia often include sexual harassment within a broader framework of mobbing and harassment. A review of framework agreements on gender equality (Institute for Labour Law, University of Ljubljana and ZSSS, 2014) recommended that CBAs at sectoral and company level should contain explicit clauses on zero tolerance of sexual harassment and violence, including policies and procedures at workplace level, and training for management and workers.

32 BOX 9: MERCATOR WORKPLACE POLICY Spanish unions have adopted a range of strategies to prevent (SLOVENIA) and tackle violence and harassment at work, including the negotiation of CBAs, harassment protocols and gender equal- A good-practice workplace policy was defined and ity plans in the workplace. Most CBAs and equality plans state agreed by Mercator (supermarket chain) and Mer- their commitment to non-discrimination and equal treatment, cator Trade Union (ZSSS, commerce sector) against particularly as this applies to sexual, gender-based or work- sexual and other harassment and bullying/mob- place harassment. Gender-based violence at work has been bing at the workplace. It sets out a zero tolerance included in many workplace equality plans in companies with approach, clear procedures for making complaints more than 250 workers. Collective bargaining agreements and on sexual and other forms of harassment, and sup- equality plans frequently include a reference to the need to port for victims. The policy follows a consultation raise awareness about sexual and gender-based harassment, process with workers in the 500+ Mercator super- including training for management, workers´ representatives, market chain. The workplace policy is regarded and health and safety delegates, amongst others. as a model for other company agreements in Slo- venia. The company and unions have established CCOO’s analysis of 266 sectoral agreements shows good a strong social dialogue, and attempts are made to progress in including sexual harassment and sex-based resolve all issues through dialogue. It is an example harassment in collective agreements. Of the agreements eval- of how a senior female negotiator was able to per- uated, 207 (77.8%) had clauses on sexual harassment, 101 suade the company to prepare effective rules, which (38%) had clauses on harassment based on sex, and 64 (24%) have led to standardised rules and procedures on had protocols on sexual harassment. However, this is a low harassment, bullying and sexual harassment. The level given that the protocols against sexual harassment and agreement covers all Mercator workplaces and harassment based on sex are mandatory for all companies, the 10,000 employees working in the supermarket and each company must have its own protocol. CCOO argues chain. The President of the Slovenian Trade Union that it is a good practice that, when sectoral agreements are of Workers in the Trade Sector and President of being negotiated, companies are made aware of the require- the Mercator Trade Union group, Vesna Stojanović, ment to draw up a protocol. Of the 207 agreements on sexual played an instrumental role in getting the rules and harassment, 86.9% include sanctions. Over half of the agree- procedures agreed with the company. ments (56%) give detailed definitions of sexual harassment, which has been a useful tool for raising awareness. Of the A dedicated company team deals with bullying/ 101 agreements on sex-based harassment, 60.4% have intro- mobbing and harassment, with involvement by trade duced sanctions and only 44.5% define sexual harassment unions, and trade union representatives have been (CCOO, 2014). trained in how to handle cases. The company has seen a higher rate of reporting of sexual harassment ÎÎ Examples of protocols on sexual harassment include the since the policy was implemented; and in practice Paradores de Turismo, agreed on 16 April 2016 and Renault most cases of bullying/mobbing are of sexual harass- España, of 18 April 2013, which differentiate between ment by a manager. Between 15 and 20 cases have formal and informal procedures. The CBA of Telefonica been handled by the trade union since the agreement Ingeniería de Seguridad, of 28 June 2016, includes the sanc- was signed, 80% of which have been successfully tioning of the use of electronic devices to cause or incite resolved. One successful aspect of the agreement sexual, gender-based or workplace harassment. In 2010 is the involvement of workers, first through a consul- UGT and CCOO, with the federation of passenger transport tation process and later in disseminating information companies (Asintra) and the national business federation of about the company’s rules to all workers. The agree- bus transport, (Fenebús), published a protocol for preventing ment has been incorporated into the company’s violence at work among Spanish bus drivers. business standards, which have been rewarded with ÎÎ Some harassment protocols enable the complainant and certification as a family-friendly company. the accused to request the assistance of a staff representative or a person they trust within the company. In sexual harassment cases, the claimant may request their hearing to be with a person of the same sex. The gender equality plan of Alcatel-Lucent, of 21 January 2016, stipulates that all those who intervene in such cases must adhere to strict confidentiality agreements. Some harassment protocols have defined what constitutes sexual, gender-based or moral harassment, the processes for dealing with complaints, and the type of behaviour that should be punished.

33 BOX 10: VODAFONE WORKPLACE POLICY and procedures include gender as one of multiple grounds. In some cases, reference is made to an equality and diver- A good-practice workplace policy negotiated with sity policy in a separate anti-bullying policy. However, where Vodafone covers both sexual harassment at work, anti-bullying codes and policies exist, they do not always refer and leave and support for victims of domestic vio- to sexual harassment or define the specific nature of sexual lence. The third national agreement on employment harassment in the workplace. This is a particularly important and collective bargaining, signed by the social issue as the TUC’s recent Equality Audit (TUC, 2016b) iden- partners on 8 June 2015, signalled the need for gen- tified harassment, bullying and discrimination as prominent der-based harassment to be addressed through issues that are dealt with by shop stewards, many of whom preventive measures, such as the setting up of proto- state that they require more guidance on how to tackle the cols that help businesses to eradicate these types of issue in negotiations. acts and attitudes in the workplace. ÎÎ An example of an agreement is the GMB-negotiated A good-practice workplace agreement with Voda- ‘Respect at Work’ policy with the security company G4S. fone arose after shop stewards in the company The policy states that G4S is “committed to conducting denounced sexual harassment suffered by col- business with integrity and utilising the talents of every- leagues. This led to an agreement to include a one providing a working environment free from any unfair Protocol on Sexual Harassment and Harassment discrimination, harassment, bullying and victimisation”. for Sexual Reasons in the company’s Equality Plan. The policy includes a detailed explanation for the basis The Vodafone Equality Plan contains a range of of the policy, clear and detailed definitions of bullying and measures to encourage the reconciliation of work harassment, the processes laid down for managing harass- and family life, the prevention of any form of dis- ment and bullying, training for managers and supervisors, crimination and/or harassment, the expansion and and the collection of data on complaints by gender. enhancement women’s participation at work, the promotion of the effective implementation of the principle of equality between men and women, and 2.6 AWARENESS RAISING, TRAINING AND ensuring equal opportunities. The separate proto- CAMPAIGNS ON GENDER-BASED VIOLENCE col on sexual harassment sets out the additional AT WORK instruments that the company will implement to detect evidence of harassment and/or discrimination The evidence from the eleven country case study reports, as among its staff, including a fact-finding phase and well as the ETUC’s 8th March survey (2014), point to significant disciplinary measures or dismissal for a harasser. and sustained programmes of awareness raising, training and Since Spanish legislation permits legal proceedings campaigning on gender-based violence, initiated by women’s regardless of the settlement within the enterprise, a sections of unions and often dating back to the 1990s. harassed woman worker can also lodge a complaint in court. In one case, supported by the FSC union, a Many awareness-raising initiatives and campaigns have been woman is awaiting a ruling. In addition, the plan con- broad-ranging and have included violence in the workplace as tains measures to improve the situation of victims of well as the spill-over of domestic violence at work (see Sec- domestic violence in the workplace. tion 3 for more information on specific campaigns on domestic violence at work). Many unions have been proactive in organising meetings, seminars and training on violence against women at local and national levels. Unions regularly publish ÎÎ The CBA with Endesa, 13 February 2014, addresses vio- articles on violence against women in union journals, news- lence in the workplace as a health issue, with a focus on letters and national newspapers, as well as leaflets, posters safeguarding the working environment so that workers´ and campaign materials which are disseminated to members, psychological health is never at risk. Special attention is and sometimes to the general public. Many unions have held paid to detecting and evaluating psychosocial risk fac- annual national, regional and local events to raise awareness tors and applying preventive and/or corrective measures. of violence against women on the International Day for the Endesa also provides for victims of sexual harassment to Elimination of Violence Against Women and International be granted paid leave of absence while they undergo psy- Women’s Rights Day. chological treatment or attend legal proceedings. Endesa extends its rules regarding sexual, gender-based and workplace harassment to all staff, including those who a) Trade union awareness-raising initiatives on have temporary contracts through employment agencies gender-based violence at work and contractors. The following examples of union awareness raising on In the UK, negotiations for workplace polices have typically gender-based violence at work reflect both broad-ranging been based on the non-discrimination approach, particularly awareness-raising initiatives and ones that are focused spe- in the public sector and in large companies. Specific clauses cifically on sexual violence and harassment at work. All of

34 them are targeted at union members, while some are also aimed at the general public and other stakeholders. The union wanted to find a way “to approach its members and tell ÎÎ Three round tables on violence against women held by the Italian confederation UIL in 2011, 2013 and 2015. The them that sexual harassment is first event brought together stakeholders (police, health unacceptable and that the union authorities, women’s associations, women legal experts can help them. Sexual harassment and members of parliament) to discuss what is being done at the institutional level. The second event, held in 2013, is about power – rarely about sex, discussed how violence against women can be addressed more often about power. This is as a safety and health issue in the workplace and was what we need to address if we are attended by national experts, representatives from the heath sector, law enforcement agencies, universities and to tackle sexual harassment.” women’s associations. In 2015 a round table – attended (Marianne Bruun, Equality Advisor on Gender Equality, 3F) by academic experts, government ministries, women’s associations, Interpol, the inland revenue, police and the national statistics institute – discussed a range of needs b) Awareness-raising Initiatives on third-party and strategies in relation to violence against women and violence trafficking. There has also been an increase in the attention given to ÎÎ In 2011, CISL drew up a ‘Platform on the prevention of vio- raising awareness about third-party violence as a basis for lence against women and children’ with recommendations persuading employers to participate in negotiations for agree- on how to address the problem jointly. A CISL campaign ments. has recently been launched to implement the national agreement on violence and harassment at work. The cam- ÎÎ Unions in Slovenia have been involved in raising aware- paign, entitled ‘Together we are happy at work’, aims to ness in the hospitality and tourism sector, as it is one convey a modern message and seeks to raise awareness where there is little recognition that the problem of sexual and carry out ongoing monitoring. harassment exists. An example was given of the requirement for some women workers to wear short skirts, which ÎÎ A guide for workers and union members, ‘Know your workers argue exposes them to a sexist culture and to Rights: Protection from Sexual Harassment’, has been sexual harassment from clients. Unions have attempted drawn up by the TUC, setting out the legal framework to persuade employers of the need to adopt a dignified on sexual harassment at work, the impact of sexual har- approach and to implement measures to address third- assment, what workers can do if they are being sexually party violence, including a rising number of severe forms harassed, and how to take claims to employment tribunals. of violence from guests in hotels and from patients in a health-care setting. However, this is a sector where it ÎÎ The United Federation of Danish Workers, 3F, has recently has been difficult to negotiate and sign agreements with refocused attention on the issue of sexual harassment at employers. work. It has produced a range of awareness-raising and guidance materials for union members about sexual har- ÎÎ An increase in third-party violence against shop workers assment, and has created a ‘No to sexual harassment’ has also been identified by unions in the UK and Slovenia. Facebook page. A 3F booklet ‘When everything becomes sex The ZSSS commerce sector union in Slovenia has seen an at the workplace’, disseminated to all members, addresses increase in physical forms of third-party violence affect- the problem that people are talking about sex all the time. ing small shop keepers. The union has worked with small It was produced to help improve understanding of sexual employers and trade union representatives to raise aware- harassment and is an attempt to reach union members who ness about how they can prevent violence at work. With are victims of sexual harassment and give them information the assistance of labour inspection services, the union has about their rights, what they can do and who they can con- successfully agreed rules and company policies on pre- tact for help. The booklet was seen as particularly important venting violence at work. for reaching the women who work in small and isolated workplaces and for helping victims understand that perpe- ÎÎ The public authorities in the Netherlands, with the close trators of sexual harassment are often in a powerful position involvement of unions and employers, have tackled the and that it is an abuse of power. problem of aggression and developed a number of prevention programmes. For example, the Ministry of the Interior and Kingdom Relations launched the ‘Safe Public Service’ project in 2008, with a focus on third-party violence against providers of public services such as policing, health care and education. It has worked closely with unions, employers and other stakeholders to reduce third-

35 party harassment and violence at work. The programme union representatives and employers. Several of the TUC’s uses social media to reach the general public and has an affiliated unions in the UK have drawn up guidance mate- interactive awareness campaign. Several projects have rials. Examples include guidance in tackling violence and addressed third-party violence against public-service work- harassment in maritime workplaces issued by the maritime ers, for example, in the labour inspectorate, tax services, union, Nautilus International, and a guide by UNISON on public prosecution services, legal public relations services ‘Harassment at work: A UNISON Guide’ which includes and prison services. Networks on violence and aggression a model ‘Dignity at Work’ workplace policy. The shop in central government have been created. A model code of workers’ union USDAW, which represents women in a conduct and integrity policy was made obligatory for all predominantly female sector, provides guidance, including central government employers. dedicated legal advice for victims of sexual harassment. Unite the union has published a ‘Zero Tolerance’ guide on violence and harassment at work, which sets out how to c) Union guidance for union negotiators, repre- deal with harassment, bullying and discrimination as an sentatives and officers on gender-based violence occupational safety and health issue. The guidance gives at work information about union Bullying and Harassment Advisors who have been appointed in the workplace with the sup- One way in which gender issues have been mainstreamed port of employers, and a checklist of what safety reps can into collective bargaining is through union guidance and do to address harassment or violence in the workplace. information during the process of drafting bargaining claims before they are submitted to employers. In recent years there ÎÎ Spanish unions have drawn up a range of guidance mate- has been significant activity in some unions in providing tools rials for workplace representatives in order to inform, and resources for shop stewards and union representatives to educate and raise awareness about violence in the work- help them represent women members facing sexual violence place. Examples include resources produced by UGT and harassment at work and to negotiate workplace policies entitled ‘For a Dignified Job’; guidance on ‘Workplace with a focus on sexual harassment. Below are examples of Violence: New Preventative Measures’; a UGT study on guidance with a specific focus on sexual harassment. the ‘Analysis of Measures and Gender Equality Plans in Collective Bargaining’; and UGT guidance on ‘Detection of ÎÎ A great deal of effort has been put into raising the aware- Risk Factors due to Workplace Violence’. CCOO has pro- ness of men in the Slovenian Trade Union of Workers in duced guidance and information in the form of a booklet Metal and Electro Industry. This has included issuing the on ‘Gender Equality in Collective Bargaining Agreements’; ‘Practical Guide to prevent mobbing’, which aims to raise and research on ‘Collective Bargaining in Spain: An Inter- awareness, provide practical advice for reporting and sug- disciplinary Focus’ and ‘Collective Bargaining in Spain: A gest measures for unions to take. It includes a practical Critical Guide’. CCOO has also produced a guide on ‘Union tool in the form of a diary template for recording cases Action against Sexual Harassment’ and a further guide on of sexual harassment by day, hour, place of event, perpe- ‘Women, Work and Health’. ELA has issued a guidance trator, a short description of the event, who was present, booklet ‘Union Guide to Gender Equality Plans in Busi- response after the event, actions taken after the event, nesses’ and USO has issued a ‘Working Risks Prevention and who was present after the event. Guide’.

ÎÎ 3F guidance for shop stewards in dealing with cases of Model clauses and agreements have been another way to sexual harassment was produced in 2016, updating an ear- raise awareness about gender-based violence at work, and lier guide. It gives simple guidance on addressing sexual have been helpful in giving unions language to use when harassment, setting out the important questions to ask negotiating clauses in CBAs. and how to talk to someone with empathy, compassion and understanding. It gives guidance on how to tackle the ÎÎ A model clause on internal union employment policies has issue when employees leave their jobs, which may also been adopted by three-quarters of UK unions: “To oppose be a cause of sexual harassment. The guidelines define actively all forms of harassment, prejudice and unfair dis- sexual harassment and the different forms it takes and crimination whether on the grounds of sex, race, ethnic emphasise the importance of making sure that there is or national origin, religion, colour, class, caring responsi- 100% confidentiality. A checklist on how to have a conver- bilities, marital status, sexuality, disability, age, or other sation with a victim stresses the importance of ensuring status or personal characteristic.” (TUC, 2016b). that the correct information is collected, which may be required if a case is taken to court. ÎÎ In Slovenia, a model agreement on the prevention of violence and harassment at work, including sexual har- ÎÎ Guides for union negotiators and workplace representa- assment, has been drafted by ZSSS for union negotiators, tives have been drawn up by the TUC. The first, ‘Tackling legal experts and employers to use in negotiating sectoral sexual harassment in the workplace’, gives guidance to or workplace agreements on violence and harassment trade union representatives on how to address and negotiat work. It represents one form of support provided by ate sexual harassment policies, and contains checklists for the union for negotiators on gender-equality issues. The

36 model agreement covers physical, verbal and non-verbal national training programme on tackling sexual harass- forms of sexual harassment. It sets out the goals of the ment in the university sector. agreement, forms of harassment and violence at work, measures for timely recognition and prevention of harass- ÎÎ Training on equality carried out by the UK public service ment and violence at work, and a statement to be signed union, UNISON, is mandatory for staff, and briefings on by the employer stating that “[the employer] does not harassment, recruitment and selection are included in all allow harassment or violence at work and that our com- UNISON training courses. Unite provides recruitment and pany has zero tolerance of any such behaviour”, while an selection training for those involved in recruitment, and annex defines verbal, non-verbal and physical forms of a course called ‘Respect and Dignity in the Workplace’ sexual harassment. Several sectoral unions have used the is currently being rolled out across the union. Following language in the model agreement for sectoral agreements the revelations in its survey about sexual harassment in and workplace policies. universities and colleges, UCU has drawn up a one-day training course for union representatives on how to deal with sexual harassment in the workplace. d) Training programmes for members and union representatives ÎÎ Union training at the confederal level in Bulgaria included round-table discussions on workplace violence held in six Training has been a further way in which unions have raised cities in 2013 by PODKREPA, and a programme of CITUB awareness with members and union representatives, includ- training on workplace violence and stress at work as ing how to include gender-based violence in CBAs and part of training on safety and health at work. The CITUB workplace policies. research department has participated in training on gender equality with the Metalworkers’ Federation – the course ÎÎ French unions have been active in training members and was attended by 90% men and led to a commitment by union representatives. In 2009, CFDT Paris launched the the Federation to carry out actions on gender equality. ‘respectées’ training project, which was co-financed As Violeta Ivanova, CITUB, stated, this was a successful by the Ile de France Regional Council and was based on intervention to mainstream gender into the union: “It is cooperation with a lawyer from the NGO AVFT (European important to convince them and to have training on the Association against gender-based violence at the work- topic of women’s leadership. These are important issues place). Between 2009 and 2014 more than 1,500 union that bear on the union’s developing actions to eliminate members and employees of CFDT followed the one-day violence and harassment against women.” training session. Training sessions are still being held today. A brochure with definitions, concrete examples, ÎÎ Unions in Belgium have been involved in a range of legal precedents and guidelines on preventing sexual vio- awareness-raising and training programmes on violence lence – all looked at from the unions’ perspective – has against women. Much of this focus has been on the imple- been published, and a third edition was due to be pub- mentation of the legislation on Wellbeing at Work, and lished in 2016. CFDT has held an annual conference on particularly the prevention of psychosocial risks and occu- sexual harassment and violence against women since pational health and safety. Psychosocial risk is included in 2013. In 2016, a conference entitled ‘Sexist and sexual vio- training for all new worker representatives on health and lence at the workplace: how to react’ was held in Paris. In safety committees. A national union training programme March 2016, FO organised a conference in Paris on gender on discrimination and harassment is being run by CGSLB equality at work, with a focus on gender-based violence from September 2016 and June 2017, and includes a focus and sexism in the workplace. on gender-based violence.

ÎÎ Dealing with sexual harassment is a core part of many ÎÎ Bulgarian health-sector unions have held training and sem- courses for trade union representatives. A training guide, inars on prevention of violence programmes for eliminating ‘Working Women: A TUC education workbook for all trade third-party violence in healthcare facilities, including a unionists’, provides information, briefings and training round table by the Health Services Union (FTU-HS), and on resources on the topic. A TUC eNote on sexual harassment 22 March 2011 in Sofia the Bulgarian Association of Health at work has been produced, offering an online learning Professionals in Nursing discussed the issue of third-party resource for trade union reps. The Federation of Enter- violence. The seminar discussed the implementation of the tainment Unions runs a training course for members on ‘Multi-sectoral guidelines to tackle third-party violence bullying and harassment, and Equity runs an annual union and harassment at the workplace’ agreed by the European training day, the most recent of which discussed the sub- social partners in 2010. ject of bullying and harassment. The entertainment union Equity is currently commissioning a training programme on equality and diversity: this will focus on unconscious bias, which the union believes is of fundamental importance in raising awareness about sexual harassment and gender-based discrimination. UCU is currently running a

37 e) Union campaigns evidence base which informed FTTUB’s subsequent campaigning, advocacy and negotiation of CBAs on This section gives examples of union campaigns with a spe- violence in the workplace. A brochure entitled ‘No cific focus on gender-based violence at work. The ‘Safe at to violence against women at work!’ was produced, Home, Safe at Work’ project and the ETUC’s 8th March survey with a list of recommendations for preventing and of 2014 show that many trade unions are actively campaign- eliminating violence against women at work. This ing to end violence against women. Partnerships between was presented to the mayor of Sofia and senior trade unions and NGOs have been an important part of this transport managers at a meeting on 25 November work. 2010. Two training exercises were organised as part of the FTTUB’s campaign on violence against women ÎÎ In 2008, Slovenian confederation ZSSS ran an aware- in the transport sector. Inspired by the agreement ness-raising campaign in preparation for an agreement on joint action, and the activities, the mayor of Sofia at the national level for a zero tolerance approach to initiated a physical and psychological self-defence harassment and sexual harassment. As well as the aware- course for women working in urban transport in May ness-raising campaign, training was held for trade union 2010, which was attended by over 40 participants. members. The agreement was not signed, however, as In 2014 the CEO of the electrical transport company employers believed that the provisions in the legislation organised a course for all trolley and bus drivers on were sufficient. ‘de-escalation tactics’ to prevent violence.

ÎÎ Unions in the education sector in Bulgaria have cam- The agreement with the Municipality of Sofia paved paigned for civic education in schools to create awareness the way for agreements in the municipalities of Varna, on a range of issues, including violence. CITUB and the Burgas and Sliven in 2013 and Gabrovo Municipal- education unions worked on this issue under a project ity in 2015. A public awareness-raising campaign in called ‘My first working place’ to raise awareness and urban transport was launched on 25 November 2015 understanding amongst school pupils. A widely recognised in the four cities across Bulgaria where FTTUB has good-practice example is the Bulgarian transport union an agreement in place and in the national railway FTTUB’s campaign on violence against women workers in company BDZ. Stickers urging ‘Stop gender-based the transport sector (see Box 11 below). violence at work’ were displayed in rolling stock and in public areas. It called for support for an ILO Conven- tion on violence at work, linking FTTUB to the ITUC and BOX 11: FTTUB VIOLENCE AGAINST WOMEN IN ITF campaigns for such a convention. CITUB women’s THE TRANSPORT SECTOR (BULGARIA) committee members are supporting the effort for an ILO Convention, and plan to lobby the government and The transport union, FTTUB, has led a ground-break- employers systematically. ing campaign and collective bargaining in the transport sector, which was initiated on 25 November The FTTUB’s current violence against women pro- 2009 with a round-table seminar with urban and rail- gramme, ‘Agreements into Actions’, includes a way transport sectors. Women trade union leaders training programme on preventing and addressing were asked to invite women transport workers who violence against women as well as specific follow-up had experienced violence to the seminar. As Daniela work on the implementation of the agreements with Zlatkova, FTTUB Executive Secretary, stated: “We the municipalities of Sofia, Varna and Burgas. This wanted them to tell their stories… they shared some includes a ‘Smile for Mum and Dad’ project on vio- of their stories during the meeting on third-party lence against women in urban transport in Burgas; violence and also we found that there are no proce- and a Sofia Electrotransport ‘Cabin secured’ project dures. In Sofia most of the tram drivers are women… which secures drivers’ cabin doors on trolleybuses One woman talked about her experience of being and trams. In addition, FTTUB has linked gender ine- attacked.” Following the signing of an agreement on qualities and gender segregation in the workforce violence against women with the Sofia Municipal- to their work on violence prevention including by ity, a ‘Someone to share with’ campaign and survey participating in the ITF ‘Strong unions need women’ were carried out. The survey was based on ques- campaign. FTTUB’s website has a range of resources tionnaires left around workplaces, which were to be and information on gender inequalities and segre- filled in anonymously and posted in special boxes left gation, including the ETUC’s ‘Break the glass walls’ in designated places in the workplace. The boxes campaign. were labelled with stickers reading ‘There is some- body to share with’, which were designed to attract In May 2016, 75 women from the ITF and urban attention to the initiative. The 177 women workers transport unions, including representatives of the responding to the survey highlighted high levels of transport union in Bulgaria, met in Bali as part of a risk of physical and psychological violence, mostly ’ground-breaking’ action forum on violence against from third parties. The survey provided an important women working in public transport. The forum

38 explored the hardship transport workers face in BOX 12: JOINT UNION TASK FORCE AND their line of work and renewed the global effort to CAMPAIGN TO FIGHT SEXUAL HARASSMENT implement an International Labour Organization Con- (2016-2019) vention on their protection. The launch of the White Ribbon Campaign by the FTTUB had been a centre- A new union task force on fighting sexual harass- piece of the ITF Congress in 2014. Campaign posters ment was set up in 2016 by four Danish trade unions were exhibited on the Bridge of Love in Sofia, and (3F, HK, Serviceforbundet Teknisk Landsforbund and trade union leaders were encouraged to make a Fængselsforbundet) to run a new political and public pledge – known as ‘This is my Oath’ – to end violence campaign to raise awareness of sexual harassment against women. A photograph was taken of each in the workplace. The objective of the task force union member or leader who took the oath, and this is to develop common union strategies on raising was displayed on the Bridge of Love in Sofia. The awareness about, and tackling, sexual harassment campaign was inspired by the work done by unions at work, including strategies for improving litigation in Canada and Australia. and winning court cases. Strategies being discussed include: (a) how to increase fines, which are cur- The President of FTTUB (who is also Vice-President rently very low, (b) awareness raising to improve the of the ETUC Women’s Committee and Vice=President public’s understanding of sexual harassment, which of ETF and ITF) has played a key role at the Euro- will impact on judges and lawyers, (c) common pean and international levels in challenging violence strategies for work environment guidelines, and (d) against women in the transport sector. When FTTUB making greater use of litigation, including in the EU hosted the ITF Congress in 2014, violence against Court of Justice. The unions have held discussions women was a central theme of the event. with politicians to put a positive duty on employers to engage in proactive measures to prevent sexual harassment.

ÎÎ In Denmark, the issue of sexual harassment was first One of the problems identified by unions is the need addressed 25 years ago in the Women Workers’ Union to identify the actual employer (as opposed to the (WWU), which was incorporated into 3F (the United Fed- employer who perpetrated harassment). Unions eration of Danish Workers) ten years ago. Marianne Bruun, argue that it is necessary for the employer to be Equality Advisor to 3F, pointed to the learning gained responsible, especially if the employer had not tried from this early work which showed that it is essential to to prevent sexual harassment. The task force is also have someone constantly advocating the issue, so that it developing a media strategy and has links to a Face- remains on training and policy agendas. Today 3F is estab- book campaign, ‘Over Stregen’ (‘crossing the line’) lishing a new set of priorities to bring sexual harassment back onto union agendas. It has campaigned and raised awareness on sexual harassment through posters, guidance materials for union members and a ‘No to sexual ÎÎ Women’s sections of UK trade unions have run campaigns harassment’ Facebook page. Campaigns by health-care calling for zero tolerance of violence against women. unions have aimed to prevent violence against health- Examples include information campaigns and a reporting care workers at a time when pressure of work, the risk line to encourage people to report cases of bullying and of working alone and shortage of staff have contributed harassment by the actor’s and entertainment union Equity. to the problem. Box 12 gives the example of a task force The Unite union has run a campaign on violence in the and campaign to fight sexual harassment (2016-2019), hotel sector, where many migrant women workers are run jointly by four unions, which aims to raise awareness at risk of violence and harassment. The teacher’s union of sexual harassment in the workplace and to develop NASUWT has run several campaigns on girls’ access to common union strategies to tackle the problem. education free from violence and sexual abuse. The union of journalists, NUJ, has run campaigns on sexism and the representation of women and girls in the media. USDAW regularly runs women’s campaigns, including a recent one on women’s safe journeys to work. The NUJ has run campaigns and meetings on sexism in the media and has spoken out about bullying and harassment across the media.

ÎÎ The TUC survey on sexual harassment (TUC, 2016c) recommended that union awareness-raising campaigns needed to reach different audiences. This could include a poster campaign aimed at deterring perpetrators by highlighting the consequences of disciplinary action in the workplace,

39 a campaign targeted at union members who have experi- ÎÎ Several French unions have been involved in informa- enced sexual harassment, encouraging them to speak to tion and awareness campaigns for workers, trade union their representative about it, or a campaign aimed at a representatives and the wider public. CFDT carried out a union’s wider membership. comprehensive information campaign with posters, leaflets etc. for union representatives and employees in 2015. ÎÎ In the late 1980s and 1990s, FNV in the Netherlands In order to empower and to inform union representatives in was very active in campaigns to end gender-based vio- the companies, a brochure ‘fighting against gender-based lence. During this time, in cooperation with NGOs, the and sexual violence’ was issued in 2016. An example of union set up a support centre for women who had expe- guidance, is the FO brochure published in January 2015 rienced sexual harassment. This, Catelene Passchier of with guidelines for union representatives on the negotiat- FNV argues, “helped to put the issue on the agenda more ing a CBA on professional gender equality, which includes widely. It was a step forward and helped to bring the issue reference to sexual and moral harassment. FO will launch, of power relations into the debate.” FNV acknowledges in the near future, a new chapter on its website with infor- that the situation in the workplace has changed since the mation and advice on sexual harassment and violence at early campaigns on sexual harassment. Rising levels of the workplace. French unions participate in the national women’s employment, positive developments on gender Commission on the Equality Certification (Label Egalité). equality at work, and greater awareness that overt forms FO has, for example, insisted that participating compa- of sexual harassment and violence are unacceptable, does nies and institutions give a specific focus on prevention of not necessarily mean that the problem has gone away. sexual harassment and sexism in the internal rules of the FNV believes that it is important to build momentum and company. raise the issue in the trade union movement, including by paying attention to the range of groups who may feel Education unions across Europe, including the ETUCE, have unsafe at work, including Muslims, migrants or LGBT. carried out campaigns on discriminatory forms of harassment at work. The teaching union, NASUWT, has been campaigning ÎÎ The Women’s Committee of the FNV transport union has to tackle prejudice-related bullying. The union has produced a been very active in combating violence against women. campaign booklet: ‘Preventing and Tackling Prejudice-Related FNV Transport co-financed an international conference Bullying.’ The union’s approach aims to get schools to deal held in Bali by the International Transport Federation (ITF) comprehensively with the problems for staff and students. on violence against women. A blog was started, enabling The UK UCU has worked closely with the National Union of workers and unions to post and discuss violence against Students to challenge sexist and ‘lad’ culture on university women. The transport union, through the ITF, has carried campuses and has published a report on the issue. This out awareness-raising and training projects amongst truck follows the National Union of Students 2014 report which drivers and long-distance coach drivers about trafficking, highlighted shocking levels of violence and harassment highlighting the need for everyone who boards a coach against women on university campuses. Some union branches to have a passport. The union has established a direct have carried out awareness raising campaigns to address phone number for coach drivers to enable them to con- the culture of sexually harassing comments. They used pre- tact the border police ahead of approaching a border. The existing feedback systems for rating University lecturers, but union has made them aware of the signs of trafficking and adding the possibility therein to report on such comments. holds regular meetings with the police on the issue. FNV Transport believes that occupational health is an issue that members are happy to discuss; when discussions f) Improving the visibility and representation of go deeper and tackle sexual harassment, however, they women in union structures show resistance. FNV Transport believes it is important to address the problem and raise awareness as a key part of Several unions consulted in the ETUC’s project spoke of the the debate about safety in transport. importance of women’s structures in trade unions to keep issues of gender equality and sexual harassment on union ÎÎ Trade unions in Spain have a long history of campaigning agendas. Examples are given below, from a male-dominated and raising awareness to protect workers subjected to work- sector Slovenia and the transport sector in Italy. place harassment, through campaigns on the International Day for the Elimination of Violence Against Women, Interna- ÎÎ The trade union for the metal and electro industry in Slo- tional Day of Action for Women´s Health and International venia set up a Commission on Women’s Issues ten years Women´s Day. In addition to other national initiatives which ago to address gender inequalities in the workplace. In aim to raise awareness about violence in the workplace are all regions, the Commission has organised training, edu- the UGT’s ‘Equal Treatment, No Discrimination’ campaign cation, seminars, awareness raising on mobbing and and CCOO campaigns such as ‘Don´t let it happen’ and ‘No violence, including training for union representatives on means no, including at work’. Unions have participated in a how to negotiate agreements at workplace and company wide range of national events and demonstrations against levels. This enabled the Commission to promote the sign- violence against women. ing of agreements on violence at work at company level. There are now agreements in all electro companies, and

40 in the larger companies the union has been able to per- the partners agree that this initiative has had an impact suade employers to organise training for workers on on how male colleagues see women in the workplace, mobbing. Media releases are issued when regional train- and has increased their awareness of violence against ing courses are held to highlight good practices. The women and the impact of certain behaviours on them. In Commission on Women’s Issues visit companies regularly one project, Telefono Rosa provided training for FIT-CISL and meets with workplace representatives to raise aware- members and members of the women’s coordination unit ness with employers and workers. In one case, following on gender-based violence. This was delivered using a a training course a woman worker reported sexual har- three-module training path. Meetings were held with assment by her manager, who then wanted to terminate national and regional managers and workers in the trans- her employment. As Mateja Gerečnik, Equality Officer port sector in order to promote a culture of respect, dignity in the Slovenian Metal and Electro Industry Trade Union, and non-violence. explains: “… the union dealt with the issue by warning the employer that if it was not dealt with sexual harass- ÎÎ A further example can be seen in the links established ment would continue.” The union reports that awareness between French unions and the AVFT (European Associa- raising within companies has pushed them in the right tion against gender-based violence at the workplace). It is direction, leading them to provide compensation for vic- a politically independent and well-respected French NGO, tims, and that without the active role of the Commission founded in 1985, specialising on gender-based violence in on Women’s Issues these problems in the workplace the workplace. It provides legal advice and assistance and would remain invisible. issues legal statements on political and legal projects. In 2012, when the government redefined sexual harassment ÎÎ Most Italian unions have women’s structures and networks in the penal and labour law, AVFT cooperated with French in place, which have been important in giving visibility to unions in responding to the government. In cooperation gender-based violence at work. In the transport sector, for with CFDT, AVFT has also trained union members on the example, the union FIT-CISL has a department that deals subject under the “respectées” project (discussed above). with gender issues, the prevention of discrimination, and violence and harassment in the workplace; in addition, a ÎÎ The TUC in the UK has established good links with wom- women’s coordination mechanism and regional coordi- en’s organisations such as End Violence Against Women nation centres have given priority to addressing violence (EVAW), Women’s Aid, UK Feminista, the Everyday Sexism and harassment at work in both national and local bar- Project and Southall Black Sisters, amongst others. gaining processes. The women’s coordination mechanism Although the TUC believes that there is still some mis- in the union supports the bargaining process, and draft trust of trade unions amongst NGOs, building networks documents are prepared for negotiations on preventing has been important for establishing trust and cooperation. violence and harassment. The TUC is an active member of the EVAW coalition, an umbrella organisation for 60 women’s NGOs working on VAWG to lobby the government to address all forms of 2.7 LINKS AND COOPERATION WITH CIVIL violence and abuse against women in education, culture, SOCIETY AND WOMEN’S ORGANISATIONS local government and support services. The TUC was an important founder member and sits on the Board of As mentioned above, many unions have a long history of EVAW. It also plays an active part in EVAW’s ‘Making the cooperation and campaigning with civil society and wom- Grade’ series, which reports on the government’s efforts to en’s organisations, although this cooperation has been most address violence against women in all its forms and across developed in relation to domestic violence outside of the all departments. workplace, rather than violence and harassment against women at work. Women’s organisations generally view trade ÎÎ The TUC has worked in partnership with the Everyday unions as being the main champions of workplace measures Sexism Project, which was launched by Laura Bates in on sexual harassment, although increasingly there is recogni- 2012 and enables women to post examples of sexism tion that violence in the workplace, in public places and in the online and on Twitter. The project has successfully high- home are closely connected. Some examples of good partner- lighted the pervasiveness of sexism in society, including ships between trade unions and women’s organisations are sexual harassment at work. In response to the findings presented below. from the TUC’s sexual harassment survey, carried out in association with the Everyday Sexism Project, the latter ÎÎ A good example is a partnership between a national has launched a new platform, www.shoutingback.org.uk, women’s domestic violence organisation, Telefono Rosa, which will bring together – in one place for the first time and the three Italian union confederations in the trans- – information about legal rights, reporting options and port sector, in carrying out training, conferences and the support available to women experiencing workplace campaigns to draw attention to violence against women sexual harassment and other forms of discrimination and at work. Telefono Rosa, established in 1988, provides abuse, as well as signposting to the TUC and information legal and psychological support, a telephone help line, about how to join a union. and shelters for victims of violence and their children. All

41 You are most vulnerable to abuse where you lack power, and this particularly“ affects women in flexible and insecure forms of employment. There is a responsibility for social movements to unionise, and we need unions to address insecure employment and the impact for younger women entering insecure jobs, particularly as this is where you are more vulnerable and where quid pro quo sexual harassment is more common. In addition, some parts of our culture are extremely harmful, young people are growing up with confusing messages about sexuality and sex.” (Sarah Green, Director of EVAW)

ÎÎ UNITE in the UK has worked to support migrant workers 2.8 EUROPEAN TRADE UNION FEDERATIONS in partnership with the organisation Justice for Domes- tic Workers, and they have had a strong focus on raising In addition, growing attention is being given to violence and awareness about violence and sexual harassment as one of harassment at work by European trade union federations, who many occupational safety issues faced by domestic workers. represent national unions in different sectors. The 2007 Euro- pean Social Partners’ Framework Agreement has also been a ÎÎ ZSSS and the teacher’s unions in Slovenia have both worked lever for achieving the inclusion of violence and harassment well with NGOs to prevent violence and harassment at at work in European sectoral social dialogue negotiations, work. One example is a partnership between the Healthcare resulting in various guidelines and joint statements. In addi- Trade Union, the SOS Helpline and the Chamber of Nursing tion to the multi-sectoral guidelines to tackle third-party and Midwifery Services of Slovenia who ran a joint project, violence and harassment related to work discussed in the pre- ‘Advisory phone for people with experience of violence vious section, examples are given below from other sectors. at the workplace’, to provide support and information for people who have been victims of harassment or violence ÎÎ Other sectoral agreements have been signed at the Euro- at work and to enable workers to take action to stop vio- pean level, including an agreement between the European lence. The SOS Helpline is a national organisation providing social partners in the maritime sector – the European information and advice on workplace violence through their Transport Workers’ Federation (ETF) and the European website. For five years it ran a dedicated helpline to address Community Shipowners’ Associations (ECSA) – which in workplace violence, which was closed down as the number 2013 launched a project aimed at eradicating harassment of calls was declining and more people were seeking health and bullying practices in the workplace in the maritime and advice through the website. During this time 4-5% of industry. calls were about sexual harassment, while other calls concerned sex-related bullying and psychological violence and ÎÎ The European Transport Federation is currently conducting different forms of social exclusion in the workplace. More a Europe-wide survey on sexual harassment of women than 95% of calls were from women. The SOS Helpline has members in the transport sector, results of which will be collaborated with trade unions in health and education in presented to the ETF Women’s Committee in May 2017. preventing sexual harassment at work. Today these calls An agreement between the European social partners in the come through the main helpline (see Section 4 for more maritime sector on eradicating harassment and bullying in information about SOS Helpline). the workplace in the maritime industry was signed in 2013.

ÎÎ Unions in Spain have cooperated with civil society, wom- ÎÎ European Works Council agreements and Global en´s associations and gender equality campaigners in Framework Agreements signed between union and national campaigns and in organising educational confer- multi-national companies have addressed the issue of ences. Trade unions frequently participate in educational violence and harassment, including sexual harassment. conferences and courses relating to violence in the For example, a “Joint Commitment to preventing sexual workplace that are organised by women´s associations. harassment” (2016), signed between the food and manu- One example is the ‘Training the Trainers: Gender Equal- facturing multinational Unilever and global unions IUF and ity Plans and Sexual Harassment’ course by THEMIS, a IndustriALL, has given a focus to sexual harassment stat- women lawyers’ association. Trade unions have supported ing that “Preventing sexual harassment in the workplace campaigns to promote gender equality, such as the cam- is an essential foundation for promoting a culture of inclu- paign by ‘Impacto de género ya’ (the Platform for Gender sion and diversity”, and it sets out standards, principles Impact Now), by signing the feminist manifesto about the and practices on the basis of which Unilever, the IUF and State budget, as a way of raising awareness about auster- IndustriALL commit to working together to ensure this goal ity cuts in gender-related services and policies. is achieved.

42 2.9 LEARNING AND CHALLENGES FACED BY need to raise awareness about the damaging consequences UNIONS of unequal gender roles and traditional stereotypes of women’s and men’s roles. A significant challenge raised by unions The examples of union negotiations, awareness raising, train- in Belgium is that a culture of sexism and sexual harassment ing and campaigns point to a great deal of learning about still exists in trade unions, which reflects a culture of male union efforts, and in some cases successes, in addressing dominance – so changing attitudes and raising awareness gender-based violence at work. This has not been without about gender equality should continue to be a key objective its challenges, particularly in giving visibility to sexual har- for unions. assment, which has remained hidden as workers continue to fear retaliation or that they will not be taken seriously if they report cases. Coupled with a low level of understanding of the b) Concerns that sexual harassment has slipped causes of sexual harassment and the forms takes, it has often off the agenda been difficult to persuade employers of the need to implement prevention and other workplace measures. Union officers and Some unions have expressed a concern that, as violence and members face multiple workloads and priorities, and many harassment have become mainstream workplace and wellbe- expressed concern that they have insufficient resources and ing-at-work issues, sexual harassment as a gender equality time to devote to fight gender-based violence, in the light issue has slipped off the agenda of trade unions. While the of other pressing concerns facing trade unions as well as integration of sexual harassment into agreements on vio- the erosion of workers’ rights and collective bargaining. For lence, harassment, wellbeing and health and safety at work example, the issue of gender-based violence at the workplace is welcomed, the issue is often hidden under the broader is not currently seen as a priority amongst gender experts in headings of violence and harassment facing all workers. German unions, amid other issues such as achieving legis- Some unions refer to this as a ‘hierarchy’ in which little or lative reform in the fields of maternity leave, part-time and no attention is paid to sexual harassment. Although the social equal pay, which remain the main union priorities. However, partners are responsible for drawing up policies and agree- many unions argue that as more women enter the workplace, ments to combat violence and harassment, the Danish union unions must pay greater attention to violence there, the better 3F argues that a low priority is given to applying a gender to protect their freedom, right to equal treatment and dignity. perspective to violence and harassment. Much of the unions’ work in preventing sexual harassment and training shop stew- The following main challenges, each of which is briefly ards was done over 20 years ago, and it has been a struggle discussed below, were raised by unions and women’s organ- to have sexual harassment issues prioritised in recent years. isations: Other unions interviewed for this report stated that the issue ÎÎ A continuing culture of gender inequality and sexism of sexual harassment had been replaced with an overall focus ÎÎ Concerns that sexual harassment has slipped off the on general workplace violence and harassment. And in this agenda integrated approach, sexual harassment has become invisible. ÎÎ Low visibility and awareness of sexual harassment at work As one interviewee stated: “If we do it as a general approach, ÎÎ The negative impact of the economic crisis and austerity we find that we forget women.” The Dutch FNV similarly measures expressed a concern that sexual harassment has not been ÎÎ The changing nature of work sufficiently included in CBAs, workplace policies or workplace ÎÎ Women working in sectors with a high risk of violence and risk assessments. Because unions dealt with the sexual har- harassment and low trade union protection assment in the 1980s and 1990s, there is an assumption that ÎÎ Unequal representation of women in collective bargaining the problem has been solved. and in senior decision-making positions ÎÎ The erosion of collective bargaining FNV view the ETUC project as an opportunity to restart discussions with unions about the issue and carry out research through an online survey, which could be used as an evidence a) A continuing culture of gender inequality and base to persuade the unions to develop more concrete poli- sexism cies and actions in the workplace. This is also connected to a general reluctance on the part of trade unions to address A culture of unequal gender roles and relations, and gender structural gender inequalities and unequal gender relations. stereotypes, is perpetuated by continuing gender inequalities As Catelene Passchier, FNV, stated: “We will have to admit at work, in society and in the family across Europe. Despite that today these debates are mostly about violence in the some good progress in concluding agreements, one major workplace and third-party violence – sexual intimidation challenge is the need to change awareness amongst union doesn’t get a lot of attention today.” decision makers and negotiators, and also amongst employers, so that they implement effective rules and procedures, The joint union task force and campaign to fight sexual har- with a gender focus, in the workplace. For example, Bulgarian assment (2016-2019) in Denmark, the survey on sexual unions argue that a traditional, male-dominated culture is a harassment by the TUC in the UK in 2016, and dedicated significant challenge for unions, leading them to identify the campaigns in Bulgaria on gender-based violence at work, are

43 all a reflection of this renewed interest and priority to tackle gender-based violence, and in particular sexual harassment, sexual harassment. In Belgium, the three trade union confed- seriously. This report has pointed to ways in which many men erations, FGTB, CGSLB and CSC, highlight the importance of have championed this issue, ensuring that they systematically the “gender mainstreaming charter” that was signed by all mainstream it into safety and health policies, and workplace three confederations, and committing them to implementing risk assessments, and also ensure it is relevant for the stra- gender mainstreaming policies in their respective unions. tegic priorities of unions. Coupled with this is the need for an Implementing the charter in relation to occupational safety understanding of structural gender inequalities and unequal and health and wellbeing at work is a big challenge. A further gender roles and relations. In Slovenia only a few of ZSSS’s 22 problem is that the legal obligation for gender mainstream- sectoral trade unions have worked on the issue of sexual har- ing, which includes a requirement to apply it to all legislation, assment, and there are challenges in persuading some unions does not work in practice. and employers to negotiate CBAs on the issue. For example, the culture in Slovenia dictates that: “We don’t want to speak openly about this – many don’t see jokes about women as c) Low visibility and awareness of sexual harass- sexual harassment. Employers have a responsibility in the ment at work legislation to do something – to implement procedures and prohibit [this behaviour] in the workplace – but they rarely do Unions and women’s organisations interviewed in the eleven so” (Metka Roksandic’, Women’s Lobby of Slovenia). country case studies repeatedly spoke of sexual harassment as being a very hidden, but growing, workplace problem. One of the issues is that there is no common understanding d) The negative impact of the economic crisis and of what sexual harassment is, which means that workers austerity measures often do not understand that what they are experiencing is sexual harassment. Even though there is general acknowl- Evidence collected in this report shows that the economic edgement by many governments, unions and employers that crisis and austerity measures have had a significant impact violence and harassment exist, the low level of knowledge in worsening conditions of employment, damaging workplace and understanding of sexual harassment presents a signifi- relations and increasing stress, violence and harassment at cant challenge. There is a lack of awareness amongst trade work. Changing work organisation, more intense pressures unions of gender power relations in the labour market, which at work and heavier workloads have led to more hostile means that sexual harassment is rarely addressed as a seri- workplaces. The changes include unrealistic targets, staffing ous problem. shortages, more isolated workplaces and heightened stress, coupled with growing levels of technology-based work- As a result, unions spoke about the need to draw up new and place surveillance and monitoring of workers’ performance, different ways of tackling sexual harassment and violence and and they present major challenges for unions in organising to encourage workers to talk about the issue, and welcomed and protecting workers from violence at work. The growth the ETUC’s project as helping to give visibility to the problem, of non-standard work – including informal work, zero-hour particularly in the light of an increase in precarious working contracts, agency work and casualisation – is particularly conditions and casualised work. As one union official in the affecting women and younger workers. Unions argue that trade and services union in Bulgaria stated, “… we need to there is strong connection between good working conditions, find ways to identify the problems and get workers to open decent work and the dignity of workers. As the ETUC’s ‘Bar- up.” One consequence of the low visibility of the issue in the gaining for Equality’ study and its 8 March survey of 2013 workplace is that women are often reluctant to report sexual (ETUC, 2013) have shown, the crisis has had a disproportion- harassment, resulting in few cases in the courts. Marianne ate impact on women who were already disadvantaged in the Bruun, 3F Denmark, also reflects that “This is a big problem labour market and were already at greater risk of poverty and and it is so difficult to get the cases – it is more difficult than social exclusion. we ever thought it was, it is difficult to climb the hill and we need the cases to move the issue forward”. ÎÎ Italian unions point to trends showing that the economic crisis has led to an increase in sexual harassment in the Low visibility is exacerbated by an absence of monitoring of workplace, where employers have used sexual harass- how agreements, protocols and Codes of Practice are implement as a form of blackmail to lay off women in the private mented. The ICTU in Ireland believes this has had an impact sectors. This has particularly affected women in the most on there being little or no momentum to engage unions and precarious work, women working in small companies and employers in discussions about the implementation of the migrant women. In addition, greater stress and pressure Code of Practice on harassment and sexual harassment at at work from changes in work organisation, introduced work agreed between the social partners. Some unions stated following the economic crisis, have added further risks of that a further problem is that employers will only normally violence and harassment from managers, co-workers and tackle an issue if required to do so by law. third parties.

A further challenge, highlighted by women’s officers in ÎÎ Belgian unions highlight the negative impact on gender unions, is to ensure that men in the unions take the issue of equality of the economic crisis and government austerity

44 measures, which have led to greater economic hardship more fragmented and work more casualised. The psychoso- and more involuntary part-time work, thereby reducing cial risks of harassment and stress are increasing as a result women’s ability to be financially independent. Unions in of the greater use of new technology at work, online work- Ireland argue that the economic crisis had had an effect on ing, higher levels of sub-contracted work in the ‘gig’ economy, union negotiating agendas, and although there is a great and digital-age ‘click work’ and ‘cloud working’. Stress at deal of anecdotal evidence that workplace violence and work – caused by reduced autonomy and privacy, and greater harassment increased during the economic crisis, the main surveillance and monitoring, as well as intensified workloads focus has been on protecting jobs and pay. – is increasingly also being viewed as a form of harassment. The global union UNI has shown that communication and ÎÎ Unions in the health and education sectors report that web-based technologies have enabled employers to monitor insufficient funding for the provision of adequate staffing work performance, a phenomenon that has been extended to levels and quality public services led to increasing levels of professional, managerial and service-related work (Akhtar & violence and harassment at work. They see a strong con- Moore, 2017). UNI also argues that workers in the ‘gig econ- nection between good quality working conditions, decent omy’, such as Uber taxi drivers, have no basic employment pay and the dignity of workers. They argue that reduced rights. funding for health services has resulted in increasing levels of violence and harassment at work; this includes A significant challenge raised by unions is that greater rising levels of third-party violence from patients and fam- casualisation in the workplace increases the risk of sexual ilies frustrated by longer waiting times and the declining harassment, particularly for younger women. Many unions are quality of services. critical of government policy that promotes greater casualisation of work. ÎÎ In the UK, unions highlighted a range of challenges arising from the government’s austerity measures and what ÎÎ In Belgium, for example, greater casualisation and flexi- they viewed as regressive legislative changes (in rela- bility in the labour market, and specifically an increase in tion to taking third-party violence out of the scope of the part-time work, are labour-market measures designed to Equality Act, and introducing charges for lodging employ- offer flexibility to employers, while also aiming to inte- ment tribunal cases). In addition, the Trade Union Act has grate more women into the labour market. made it more difficult for trade union reps to get time off for training, thereby impacting on their access to courses ÎÎ In some sectors, where precarious working conditions and on equality. This, together with a more hostile bargain- low collective bargaining coverage predominate, there ing climate, has led unions to face serious difficulties in are increased risks of violence and harassment. In the bargaining around equality issues, and violence and har- Netherlands, for example, the hotel sector is not covered assment at work. A key issue raised is the problem of how by a CBA, and unions highlight the vulnerability of many to improve access to industrial tribunals and remove the women hotel workers and cleaners, many of whom are fees imposed by the government in 2013, which has made isolated, while some are victims of trafficking. There has it harder for women to bring cases against an employer. been recent evidence from the Dutch government of the A 70% reduction in the number of employment tribunal abuse of women working in embassies who are attacked cases relates directly to the introduction in 2013, by the and enslaved. government, of a fee of £1,200 to bring a case before an employment tribunal. ÎÎ The TUC’s research report ‘Women and Casualisation: Women’s experiences of job insecurity’ (TUC, 2015) gives ÎÎ According to the nurses and midwives union in Ireland evidence of the growing casualisation of women’s work in (INMO), an increase in the reported bullying of health sectors such as social care, retail, catering, cleaning and workers between 2010 and 2014 is a result of government hospitality, as well as skilled professions such as univer- cuts in health, leading to staffing shortages and greater sity lecturers. An increase in zero-hours contract workers, pressures on staff. This has led to adverse workplace agency workers and casual contracts leaves women behaviour, which also affects both work performance and vulnerable to sexual harassment and violence, discrimi- the quality of the care given to patients (INMO, 2015). nation, and lack of protection of their rights. The research found that women without job security felt less able to take action against a colleague or employer because they e) The changing nature of work fear retaliation, for example, by having their hours cut. Younger women are also less likely to be a member of a As work becomes more flexible and workplaces more frag- trade union. The TUC’s 2016 survey on sexual harassment mented, unions are raising important questions about how to also suggested a link between the high levels of sexual protect women workers from violence and harassment when harassment experienced by younger women and the fact they are self-employed, such as women working in enter- that younger women are more likely to be in low-paid and tainment industries and in the media, culture and arts, or in insecure work, including zero-hours contracts, temporary agency jobs or jobs that are outsourced. This is of particular or agency work. concern because workplaces of the future are likely to be

45 ÎÎ The risk of harassment faced by workers in radio, televi- The current economic crisis and sion and theatre work on a freelance basis has been raised “consolidation of neoliberalism greatly by the UK Federation of Entertainment Unions. The Feder- ation has been critical of the policy drawn up by the BBC hinder the fight for equality and as it failed to cover the risks faced by freelancers working the elimination of violence against in radio and television, whose precarious working condi- women. The combination of crisis tions were revealed, in the Federation’s survey, to be a major cause of sexual harassment in the industry. In addi- and austerity policies of involution tion to a culture of sexual harassment and bullying, the increase social rights situations actors’ union Equity has highlighted the blatant disregard of inequality and of discrimination for women’s rights in a sector where discrimination and sexual harassment are rarely reported. based on sex and gender at the same time make it difficult to prevent and ÎÎ Evidence of sexual harassment in universities in several eradicate violence against women and countries, particularly in science and male-dominated professions, shows that young female teachers at the start of girls. Economic pressure, job insecurity, their careers, who predominantly work in casualised forms the dismantling of the welfare of employment, face high risks of sexual harassment. The state, the impact of poverty and the UK UCU union argues that the significant increase in the number of casual contracts makes young women par- growing risk of social exclusion are ticularly at risk of sexual harassment, and the union is the ideal framework for situations of addressing the issue through training and the negotiation sexual harassment or violence against of workplace policies. UCU’s campaign against precarious contracts highlights the impact on women’s decisions and women – psychological, physical, choices, for example, about children etc. (UCU, 2015). economic and sexual.” (Alba Garcia, Women’s Secretary, CCOO, Catalonia, ÎÎ Precarious employment and the flexibilisation of the work- quoted from: Trade Union Guide on Violenc Against Women, force are identified by unions as contributing to rising CCOO, 2014) levels of violence and harassment in the Netherlands. Although Dutch legislation protects workers in formal/ protected employment, workers in precarious jobs face f) Women working in sectors with a high risk of uncertainty and insecurity. This results in an under-report- violence and harassment and low trade union ing of violence and harassment, as many workers fear of protection retaliation if they make complaints. Insecure and casualised work also means that workers are at a greater risk of The national country reports highlight particular sectors where violence and harassment. women disproportionately experience higher incidents of violence and harassment. These are typical sectors where union Unions in Italy state that the labour market is typified by small organising and representation have been difficult to achieve companies and an increase of non-standard and precarious and/or where women workers have the least secure conditions employment relationships in the private sector. This, they of employment. In addition, women working in service sectors, argue, has led to greater risks of sexual harassment. The Ital- in night-time-economy jobs and in close contact with customers ian statistical agency (ISTAT) estimates that there are currently and clients, for example, in restaurants and bars, are particularly about four million workers in precarious employment, or 17.2% at risk of violence and harassment. of all employed people. Most of them are under 35 years of age. Around 90% of employers employ fewer than 16 workers and ÎÎ In 2015, the 3F union and sister unions in other Nordic are exempt from the provisions of the Statuto dei Lavoratori. countries initiated a project to fight sexual harassment in Between 70% and 80% of private-sector hirings are atypical the hotel, restaurant and tourism industry. Many restaurant employment relationships. workers have to endure inappropriate remarks and unwelcome physical advances in the workplace. The perpetrators Spanish unions point to the challenges presented by the high include both customers and co-workers. A group of Nordic incidence of precarious work and in-work-at-risk-of poverty, trade unions are now launching a project to fight sexual har- which has been exacerbated since the crisis by the growth of assment in the hotel, restaurant and tourism industry. The temporary and insecure work. According to Eurostat (2015), project aims to stimulate a serious debate and action to pre- more than one in five employees in Spain (20.7%) had a vent and tackle sexual harassment in the sector. temporary contract. A further issue highlighted by unions is that the majority of women work in small companies or in ÎÎ Unions in Bulgaria highlighted the problems of low pay, family-related enterprises which are outside the scope of pro- poor working conditions, and psychological violence and visions in the equality legislation requiring companies to draw harassment in the garment sector, where the majority of up equality plans. workers are female. The garment sector is a major employer

46 in Bulgaria. It has been very difficult to organise workers about 43% of trade union members are women, only 10 of the and draw up agreements with employers. CITUB and POD- 53 confederations affiliated to the ETUC have a woman as the KREPA unions, representing workers in the sector, are in the key leader. Although only an average of 28.7% of women are process of trying to negotiate an agreement in the apparel represented on union decision-making bodies, this represents sector, and to include violence and harassment in it. Many of an improvement in women’s representation in recent years. the workers in the sector are young women from Roma and According to the 2016 survey, recommendations on improving poor backgrounds. The conditions and pressure to complete gender balance, which were adopted by the ETUC Executive orders, including long working hours, contribute to a culture Committee in 2011, have had a significant impact: they have of violence and aggression. resulted in an increase in the number of women in governing bodies and at other levels (in 14 confederations), and in those ÎÎ In the agriculture sector in Italy, unions making efforts to involved in monitoring progress towards greater gender bal- organise workers have found it difficult to bring issues of ance and equal opportunities (in 12 confederations), training violence and harassment to the negotiating table. There is a (in ten confederations), collective bargaining (in six confeder- great deal of anecdotal evidence of harassment, sexual har- ations) and gender mainstreaming (in five confederations). assment and violence against women, particularly of migrant women working in the fields; some cases of extreme forms of violence and rape perpetrated against women occasionally h) The erosion of collective bargaining receive media attention. UIL reports that there is extensive illegal recruitment and work in the sector and that data A key challenge raised by unions participating in interviews for underestimates the true number of workers there. Unions this report is the trend towards an overall decline in both trade have concentrated on campaigning for improved legislation union density and collective bargaining coverage. This reflects on gang masters, illegal recruitment and trafficking. UIL has the general trend towards more individualised, decentralised discussed this issue, as well as violence against women in and fragmented bargaining arrangements (Pillinger, 2014; Euro- the sector, with the Minister of Agriculture. found, 2015d). For example, the ten countries most affected by the crisis saw collective bargaining coverage fall by an aver- ÎÎ Many domestic workers are in precarious work and are age of 21% (European Commission, 2014). In Germany, since vulnerable to violence; many are isolated and do not report 1990, there has been a decrease in the number of collective violence as they have no source of income at all because agreements that were extended to all workers, coupled with an they have been trafficked. It is a sector of disparate and increased use of opening clauses permitting derogations. In a fragmented work places, where it has been hard for unions few countries, including France, Italy, Austria and Belgium, col- to organise women and to conclude CBAs. The ratification lective bargaining coverage remained relatively stable despite of the ILO Convention on Domestic Workers is viewed as the economic crisis, during which time collective bargaining an important mechanism to protect the rights of domestic was a key element of the response to the crisis, through flexi- workers. The Italian confederation CISL, for example, pro- ble working arrangements and short-time working schemes, and vides support for domestic workers through a solidarity social where governments, together with employers and trade unions, insurance fund, and has been lobbying to improve conditions showed a continued willingness to regulate the labour market of work, pay, and access to a professional qualification and through the setting of framework conditions. In addition, some training framework. countries, such as the UK, have seen significant government-imposed restrictions on collective bargaining rights in both the public and private sectors. In Spain, company agreements take g) Unequal representation of women in collective precedence over agreements signed at all other levels, whereas bargaining and senior decision-making positions in other countries, sectoral bargaining in the private sector has largely been replaced by company-level negotiations. Despite significant improvements in women’s representation in senior and decision-making roles, including as key negotiators, The reduction in the number, coverage and influence of CBAs women are still under-represented as union negotiators. The has been a major challenge for unions since the economic crisis, problem faced by women’s sections of unions in progressing a which has had a significant impact on their capacity to negotiate broad range of gender equality issues, including sexual harass- for a broad range of equality issues (Pillinger, 2014; ETUC, 2013). ment and violence at work, is that there are insufficient women Slovenian unions note that employers want bargaining, from represented in union decision-making structures. This, accord- sectoral to workplace level, to be decentralised further. There is ing to Patricia Biard of ACV-CSC, means that “… there are not also a corresponding reduction in the number of employees who enough women on board, this is really a problem for us. Unions are covered by collective bargaining. In some sectors, unions are still very much male dominated, and it is hard to get these have been unable to conclude CBAs. issue talked about.” Unions in particular express concern that, in the future, this For the last ten years the ETUC’s 8th March annual surveys overall trend – towards undermining collective bargaining cover- have documented progress in achieving the balanced rep- age, and its decline – is likely to have a continued and profound resentation of women in decision-making and leadership impact on the capacity of trade unions to negotiate measures to positions in unions. The 2016 survey found that although tackle violence and harassment against women at work.

47 SECTION 3: DOMESTIC VIOLENCE AS A WORKPLACE ISSUE

3.1 INTRODUCTION

A new negotiating issue for trade unions and employers is how victims of violence“ at home can be supported in the workplace. Domestic violence often follows victims into the workplace, and obviously impacts on productivity and workplace morale. This makes domestic violence a trade union issue.” (Montserrat Mir, Confederal Secretary, ETUC)

This section discusses the second theme covered in this report, ers are recognising that domestic violence is a workplace which is how unions have approached the issue of the spill-over issue that connects work and private life. of domestic violence18 in the workplace. It gives examples of how trade unions have promoted awareness and understanding The workplace can be a place of danger if a victim is harassed, of domestic violence at work, negotiated agreements and work- threatened or stalked at work by a partner or ex-partner, which place policies, provided guidance and model workplace policies can have a significant impact on her capacity to get to work, to for union representatives, and campaigned for legal change. In work effectively and to stay in her job. As a result, domestic some countries there have been successful and ground-break- violence at work can be seen as a core occupational safety and ing agreements in the workplace on the issue. health risk whereby employers have a duty of care to ensure a safe workplace for both victims of domestic violence and Domestic violence is a relatively new workplace bargaining their co-workers. The learning from decades of feminist work, issue that has the effect of widening the reach of the employ- and campaigns by union women’s sections/committees on ment relationship by recognising the interconnection between gender-based violence, shows that violence and harassment at work and private life (Pillinger, Schmidt & Wintour, 2016). work are about power and control – issues that can extend into Domestic violence at work is increasingly featuring on the and outside of the workplace. bargaining agenda of unions in Europe, many of whom have been campaigning for many years to raise awareness about Domestic violence includes physical and other forms of coer- violence against women. Recently, unions have been inspired cive and emotional/psychological control and threats, such as by pioneering work on bargaining for domestic violence leave control over social interactions, control of autonomy, control and support in the workplace in Australia19 and Canada20. of children or control of money, which have profound psycho- More and more, trade unions and some enlightened employ- logical consequences and impact on a woman’s confidence in her ability to leave a violent relationship. For example, recent research by the TUC, in partnership with Women’s Aid, found 18 In this report the term domestic violence is used to encapsulate domestic violence financial abuse to be a prominent form of coercive control, and abuse, intimate partner violence and family violence. 19 Domestic violence clauses were first pioneered in Australia, where in 2010 the first often preventing women from having sufficient money for fares domestic violence clause was successfully negotiated between the Australian Services to get to work or to buy clothing suitable for work, making it Union Victorian Authorities and Services Branch and the Surf Coast Shire Council, with twenty days’ paid domestic leave. By 2015, 944 agreements contained a domestic difficult for a woman to leave a violent relationship. Although violence clause, covering 804,649 employees, predominantly in the private sector, across financial abuse can affect women from all income groups, a broad range of industries and some of the country’s largest employers. Close alliances women on low incomes in the UK are particularly affected by between unions, experts and the women’s movement, the availability of a ‘model clause’ and the commitment of the union representatives were critical facilitators for successful government changes to the payment of Universal Credit (the agreements. In 2015 a landmark case on domestic violence and work [Ms L. Moghimi v. single integrated payment replacing out-of-work means-tested Eliana Construction and Developing Group Pty. Ltd. [2015] FWC 4864, 23/08/2015] led the Australian Fair Work Commission to order an employer to pay maximum compensation to benefits, housing benefit and tax credits). a domestic violence victim who was unfairly sacked because her employer stated that they were unable to protect her from her partner who worked in the same workplace. 20 In Canada, unions and employers have negotiated a range of agreements at Unions and employers are key partners in an integrated workplace level to prevent and address domestic violence at work, and the Canadian approach to preventing and tackling domestic violence, Labour Congress is actively engaged in union education, lobbying for legislative change including in the workplace. As mentioned in Section 1 of this and putting forward collective bargaining demands to address domestic violence in the workplace. report, the Istanbul Convention and some national strategies

48 on violence against women refer to the role of the workplace The most comprehensive legal framework can be found in Spain, in preventing domestic violence. If domestic violence at work under Organic Law 1/2004 of 28 December 2004 on protection is not prevented, for example, through early intervention and against domestic violence. This, combined with Organic Law workplace safety and supports, evidence shows that it can 3/2007 on gender equality in the workplace, which requires com- escalate over time, and at its worst can end in murder. The panies with more than 250 workers to draw up a Gender Equality evidence collected in the ETUC’s ‘Safe at Home, Safe at Work’ Plan in cooperation with trade unions, has led the majority of project, through eleven country case studies and discussions large companies to introduce clauses and policies on domestic at the ETUC conference held in Madrid, shows that unions violence at work. The law also recommends the introduction of and employers can – and increasingly do – play a vital role equality plans in medium-sized and small companies, on a volun- in recognising, identifying and developing effective workplace tary basis. To date more than 200 Equality Plans, with measures measures to prevent domestic violence, dealing with it as one to prevent and address sexual harassment and to prevent domes- of the many preventable problems that impact on health and tic violence at work, have been negotiated and signed. One of wellbeing in the workplace and affect workers’ safety. This the problems is that women in precarious forms of employment entails recognising and identifying the signs of domestic vio- and in small companies are not covered by such plans. Many of lence, providing support and offering practical measures to these workplaces do not have a shop steward to whom a victim enable workers to stay in their jobs. These measures not only can turn. Trade unions are currently working towards reforming show that trade unions and employers addressing issues of Law 1/2004 regarding the working rights of domestic violence relevance to women in the workplace: quite simply, they can victims, to make it easier for victims to organise their working help save women’s lives. hours or to obtain a job transfer. Despite a strong enabling legal framework, Spanish unions argue that the economic crisis has undermined unions’ capacity to negotiate on these issues. 3.2 LEGAL FRAMEWORK AND THE ENABLING NATURE OF LEGISLATION ON DOMESTIC In Italy, domestic violence at work is a relatively new issue VIOLENCE AT WORK that unions are bringing to the negotiation table, thanks to the enactment of the 2016 Jobs Act, following many years of union Several unions are currently lobbying their governments for lobbying for legislation. Unions in all sectors have started to domestic violence at work rights, on the basis that legal meas- become active in examining the implications of the legislation ures can play an enabling role both in protecting victims at work and how the domestic violence leave provisions can be negoti- and in putting obligations on employers to ensure that women ated, and where possible extended, in CBAs. are safe in remaining in employment or when they return to work after a period of leave. In addition, domestic violence organisations cite reduced resources to support victims of The provisions in the Jobs Act are domestic violence since the economic crisis, which in turn is a “unprecedented in giving leave of up major barrier in progressing the prevention of domestic violence at work. Unions in Italy and Spain speak of the importance of to three months for women who have the legislation there in opening doors for unions to negotiate suffered domestic violence; this is a clauses in CBAs and workplace polices, and to use the law as a new and very important development. foundation for extending legal provisions further. We will work hard now to ensure The legal framework on domestic violence and domes- that this norm is enforced. We got tic violence at work in the eleven country case studies the provision into the legislation can be found in Appendix 1. In relation to national legislation, most EU Member States have enacted specific laws after many years of lobbying of the on violence against women, criminalising most forms of it, government by women’s and feminist including rape, sexual assault and domestic violence (EIGE, associations and unions. We have 2014). Ten Member States have legislation that treats domestic violence as a special criminal offence in criminal law. had a continuous dialogue about Stalking is not regarded as a separate crime in all Member violence against women… For a long States, although some do have a dedicated law while others time, we have been saying that prosecute stalking under other crimes in the criminal or penal code. Civil and criminal laws on domestic violence rarely refer domestic violence is not the only explicitly to the role of the workplace, although in some coun- type of violence and that there is tries labour law sets out rights for the victims of violence. For also violence at work. The message example, under French labour law an employee has the right to abstain from work if she has been a victim of gender-based eventually got through.” violence: she is obliged to inform her employer immediately (Loredana Taddei, National Officer Responsible for Gender about the factual situation, the danger to her life and health Equality, CGIL, Italy) she is facing, and the failure to protect her. As long as protection is not guaranteed, the employee can abstain from work.

49 Laws in many Member States also cover stalking and the from violence, and to encourage their recruitment. See Box 13 issuing of protection orders, which can be relevant to the work- below for the list of recommended measures for companies, place. For example, under the German Violence Protection Act employers and trade unions in the Spanish national strategy. (GewSchG) of 2002 a protection order can bar the presumed perpetrator from the victims’ workplace. In Article 5 of Bul- garia’s 2005 Law on Protection against Domestic Violence, BOX 13: SPANISH ‘NATIONAL STRATEGY FOR one of the measures referred to is to prohibit the respondent THE ERADICATION OF VIOLENCE AGAINST from entering the vicinity of the victim’s home, their place of WOMEN’ (2013-2016) work, and the places where they have their social contacts or recreation. In Italy, criminal law Act No. 38 of 23 April 2009 Recommendations in the national strategy specifi- introduced the new crime of ‘persecutory acts’ (stalking), cally on the role of companies, employers and trade together with penalties, including where stalking takes place unions in the workplace are listed below (by relevant in the workplace. Workplace stalking can involve stalking by paragraph). partners and ex-partners, clients stalking staff or, in some cir- 3. Carry out prevention and awareness-raising cumstances, clients stalking other clients, as can be the case actions in the corporate sector through the initiative in residential care or mental health care settings. It can pre- “Empresas para una Sociedad Libre de Violencia vent victims from leaving their homes, travelling to work and de Género” (Companies for a Society Free of Gen- carrying out their work effectively. Stalking can involve exces- der-based Violence). sive forms of contact and abuse by emails, telephone calls and 6.In collaboration with trade unions and employer social media, unsolicited gifts, and physical or sexual assault in organisations, disseminate information on the rights the workplace. Although there is no data for Europe, according of women victims of gender-based violence, with to a US survey carried out in 2011, 5.1 million women and 2.4 the aim of encouraging these women to break the million men had been stalked the previous year (NCADV, 2015). silence. Of women murdered by an intimate partner, 76% were stalked 102. In collaboration with trade unions and employ- first, and 85% of women who survived murder attempts were ers’ associations, disseminate information on the stalked. Stalking can lead to significant problems, including labour rights of working women who are victims of anxiety, depression and days lost from work, and is often an gender-based violence. indicator of other forms of violence. 104. In collaboration with trade unions, companies and non-profit entities, promote the implementation The Belgian National Action Plan to Combat all Forms of Gen- of training and social and labour-market inclusion der-Based Violence, 2015-2019, is based on the framework of programmes aimed at women who have suffered the Istanbul Convention (which was ratified in 2016) and con- violence. tains some provisions relevant to domestic violence at work. 181. Promote the inclusion, in companies’ equality It refers to the role of the private sector and the media in plans, of measures aimed specifically at responding contributing to eradicating violence against women, for exam- to the needs of victims of sexual and gender-based ple, through raising awareness and drawing up guidelines harassment in the working environment. and self-regulating standards. The private sector is expected 182. Promote the implementation of sexual and to play a role, working in partnership with NGOs and social gender-based harassment prevention measures organisations and raising awareness amongst staff. The in the central administration and the public bodies public sector is expected to contribute to the prevention of attached to it. violence through projects aimed at improving people’s safety 229. Boost the ‘Empresas por una Sociedad Libre de in public places and on public transport, by preventing sexual Violencia de Género’ (Companies for a Society Free intimidation/unwanted sexual behaviour and sexual miscon- of Gender-based Violence) initiative in collaboration duct in public transport. with trade unions and employer organisations.

The Spanish ‘National Strategy for the Eradication of Violence against Women’ (2013-2016) is one of the most comprehensive strategies in Europe involving specific workplace The workplace is referred to explicitly in the strategy of the UK measures to combat violence with clearly identified roles for government, as well as the strategies drawn up in Scotland, unions and employers. It contains 284 measures designed Wales and Northern Ireland. The 2016 UK ‘Strategy on Violence to contribute to a comprehensive approach to addressing Against Women and Girls’ states that employers have a role to violence against women. It includes a wide range of meas- play in identifying abuse and developing workplace policies. ures, including awareness raising and prevention, and makes The role of employers in promoting early intervention through several references to the role of companies, employers and workplace measures is further developed in the Scottish and trade unions in the workplace, who can act as partners. The Welsh strategies on violence against women and girls. ‘Equally plan encourages the State to collaborate with employers Safe: Scotland’s strategy for preventing and eradicating vio- and unions to disseminate information on the labour rights lence against women and girls’ refers to the workplace as a of women workers in situation of violence, to promote social key area for prevention and states that “… there is a role to be integration and the employment of women who have suffered played in workplaces to champion a culture of zero tolerance of

50 harassment and abuse and one in which there is understand- There is little evidence available on the extent, type or sever- ing of the needs of those experiencing violence and domestic ity of domestic violence in the workplace. Although systematic abuse.” In Northern Ireland the new strategy issued in 2016, data is not collected on stalking or domestic homicides in the ‘Stopping Domestic and Sexual Violence and Abuse in Northern workplace, unions and domestic violence organisations inter- Ireland: A Seven Year Strategy’, makes reference to ‘effective viewed for the ETUC project spoke of an increase in the extent workplace policies’ as part of a range of measures to support and severity of stalking in the workplace and in the numbers victims and families affected by violence. As the strategy notes, of domestic homicide/femicide at work. There has been little “The costs in respect of both domestic and sexual violence and or no published analysis of the numbers of femicides that are abuse greatly impact on the resources of statutory, voluntary committed by men in the workplace. In the UK, the TUC has and community sector organisations and employers and reflect identified at least six women murdered by partners or ex-part- the enormous burden on victims and wider society” (p. 28). ners in the workplace in recent years. New data collection on Despite active union lobbying, ICTU has expressed disappoint- femicide, for example, under the UK Femicide Census, carried ment that it contains limited reference to the workplace and to out by the Women’s Aid Federation England (2016) and the unions. Irish Femicide Monitoring Project developed by Women’s Aid Ireland (2016), are a step in the right direction in identifying Some national action plans make no specific reference to patterns of behaviour, risk factors and how to prevent the cul- domestic violence at work, as is the case in the 2014-2017 mination of domestic abuse into femicide. National Action Plan against Violence in the Family and in Intimate Relations in Denmark. Under the fourth French Violence Action Plan (2012-2016), three priorities are set: 3.4 THE SOCIAL AND ECONOMIC CASE FOR PRE- to reinforce public action, protect victims and mobilise the VENTING DOMESTIC VIOLENCE AT WORK whole of society, although no reference is explicitly made to the workplace. The plan of action doubled the budget for policies against gender-based violence for 2014-2016. [Domestic violence] puts limits on“ women’s time at work, it has a 3.3 DATA ON DOMESTIC VIOLENCE AT WORK huge impact, as they don’t go out Although the data is limited, surveys carried out across the with colleagues, they are afraid of world on domestic violence at work show consistent find- the workplace even though it should ings21, notably that, on average, one-third of workers report that they experienced domestic violence at some point in be a safe place. If they go from their lives and that around half of victims of domestic vio- home to a shelter they want to go lence felt that their job performance was negatively affected. outside their home town, they don’t Appendix 2 summarises the available data on domestic violence at work in the eleven country case studies. want to be in the same town as the perpetrator. This makes it difficult The most recent comprehensive survey to date in Europe was for women to continue to work. carried out by the TUC, covering the UK and the Republic of Ireland (TUC, 2014). The survey found strong evidence to We have found that women living show that domestic violence affects performance and attend- in shelters lose their jobs. They tell ance at work. Of the 3,449 respondents, 41.6% had had an us stories about being ashamed of experience of domestic violence which affected their ability to get to work, and which also spilt over into the workplace going to work if they have physical and continued in the workplace. Few reported the problem in signs of violence. Many hide the the workplace, in particular, to a trade union representative. violence, and it is the main reason Research also shows that 75% of domestic abuse victims are targeted at work by telephone calls and emails; 20% of vic- for their medical leave.” (Vesna Leskošek, tims of domestic violence had taken a month or more off work Faculty of Social Work, University of Ljubljana, Slovenia) in the previous year owing to domestic abuse; 56% of abused women arrive late for work at least five times a month; 28% There is a growing body of evidence to show that there are leave early at least five days a month, and 53% miss at least economic and social benefits to preventing and tackling three days of work a month (TUC, 2015; Crown Prosecution domestic violence at work. This emerging work not only rec- Service, 2015; Home Office, 2009). ognises that preventing domestic violence is a workplace issue, and that the workplace is inextricably linked to the family and community, but also that there are wider business 21 Six large national surveys carried out in Australia, Canada, New Zealand, the benefits for employers in retaining workers who are victims Philippines, Turkey and the UK/Ireland, providing clear evidence about the impact of of domestic violence. For a woman worker, financial inde- domestic violence on the workplace. For further information on the surveys see: http:// dvatworknet.org/research/national-surveys. pendence is essential if she is to be able to leave a violent

51 relationship; without it, she can quickly lose attachment to Walby (2008) points to the importance of investing in public the labour market if she is repeatedly controlled and abused. services to reduce domestic violence, showing that in the UK this has been cost effective for the country as a whole, reduc- For employers, there is a high cost to not addressing domestic ing the extent of lost economic output as well as the human violence at work. Estimates show that domestic violence has and emotional costs. a high economic cost in the workplace in terms of lost productivity, sickness absence and lost jobs (EIGE, 2014; EIGE, 2012; Zhang et al 2012; Walby, 2004 and 2008). Using existing data, 3.5 THE IMPORTANCE OF WORK FOR EIGE (2012 and 2014) identifies significant costs caused by INDEPENDENCE AND AUTONOMY gender-based violence, from lost economic output, the cost of services (health, criminal justice, legal, social welfare and Economic independence gives a woman a pathway to leav- specialist services), and the physical and emotional impact ing a violent relationship, and early intervention is essential on the victim. Overall, EIGE (2014) estimates that economic if a woman is to have access to support and specialist ser- output lost as a result of injuries alone represents approxi- vices to enable her to stay in her job and live independently. mately 12% of these costs. A report by the Belgian Institute Supporting a woman to stay in her job can thus prevent her for Equality between Women and Men (2010) highlighted the from enduring long-term economic dependence, violence and extensive economic costs of gender-based violence on com- abuse. Evidence collected from interviews and discussion panies, citing studies from Europe and North America which held during the ETUC project shows that by the time they showed that violence affected concentration and efficiency leave a violent relationship and reach the safety of a refuge, at work, and made it difficult for women to keep their jobs. women have usually left work. Unions in Spain stress the An example is given of a French non-profit company – Psytel, importance of addressing the issue from the perspective of based in Belgium – where partner violence alone costs €439 both the integration of women in the workplace and the pre- million a year, of which €288 million constitute production carious nature of women´s working relationships. If women losses due to work interruptions, absenteeism, etc. Estimates do not have economic independence, they will have less from Australia found that the cost of domestic violence to capacity to stand up to acts of violence. Obtaining financial the retail industry alone was more than $62 billion (€44 bil- independence is impossible if the woman in question is not lion) between 2014-15 (National Retail Association, 2016). A working or if her working situation is precarious. As Diliana report published by the Canadian Federal Justice Department Markova of the Bulgarian domestic violence NGO, Animus, estimated the total economic impact of domestic violence on argues, the workplace is an important place in the preven- employers at $78 million (approx. €54 million) in 2009 (Zhang tion of domestic violence: “… if women are already out of et al.,2012). In the USA, an estimated 8 million days a year the labour market it is often too late, [so] it is important to are taken off work because of domestic violence, resulting in work with women before they leave work.” A study carried a cost to the economy of $2.5 billion (approx. €2.3 billion) in out on women’s shelters in Denmark23 also found that women lost productivity. who take refuge in shelters have less connection to the labour market, are often less well educated and have no financial The European Added Value Assessment22 estimates that independence. In most cases, when a Danish woman reaches the annual cost to the EU of gender-based violence against a shelter she is not working. women in 2011 was about €228 billion (1.8% of EU GDP) (European Parliament, 2014). This amounts to about €450 per European citizen each year. According to WAVE (2016), an investment of only 10% of this cost (or €45 per citizen, per If women are living their lives in year) in violence prevention would make a significant con- an“ atmosphere of the daily tyranny tribution to reducing the financial impact of gender-based violence on national budgets. of psychological violence, women end up leaving their jobs, and before The rationale and cost-effectiveness of investment in pre- they leave their jobs they will have vention and in services for victims of domestic violence can be seen in research by Sylvia Walby (2008). Her research had a lot of sick leave. It is for this found that domestic violence costs the UK economy £1.9 bil- reason that it is very important lion (€2.2 billion) in lost economic output resulting from time that, when someone leaves their job taken off work owing to injuries, which leads to decreased productivity, increased absenteeism and increased employee or requests to be moved in her job, turnover. These costs for business and the economy have there is someone in the workplace declined from the 2001 level largely as a result of a fall in who can delve into the reasons the rate of domestic violence thanks to better public services. why… It is at that stage that it is

22 The European Added Value Assessment, carried out by the European Parliament, analyses the potential benefit of future action by the European Union and the added value of existing EU policies. 23 Cited in interview with Mette Marie Yde, Danner.

52 possible to give support and help… negotiate, develop and implement I only know of one woman who workplace policies. We believe moved to a refuge in a town outside that the strategy should include of Copenhagen – her employer, who references to the many excellent had branches all over the country, policies which have been negotiated was able to relocate her job to the by unions and employers – Belfast new town – and she is the only City Council’s is one example. We also example I know of a woman who believe that policies on domestic was still working.” (Mette Marie Yde, of the violence should be mandatory across domestic violence NGO Danner, Copenhagen) all of the public sector.” (Clare Moore, Equality Officer, ICTU NI)

3.6 UNION CONSULTATION AND PARTICIPATION IN THE DEVELOPMENT OF GOVERNMENT ICTU NI is continuing to prioritise this work in the context POLICIES AND STRATEGIES ON VIOLENCE of the implementation of the Strategy, and work is ongoing AGAINST WOMEN with the Departments of Justice and Health to ensure that tackling domestic and sexual violence is recognised as a Although most governments in Europe have drawn up national workplace issue and that this theme is included in the action action plans or strategies on violence against women, few plan for year two. ICTU is also represented on the Stakeholder refer to the role that trade unions can play either in consul- Assurance Group, a multi-stakeholder group with a role in tations or in identifying actions relating to domestic violence overseeing the implementation of the Strategy. Following the prevention in the workplace. One of the problems is that publication of the Strategy, ICTU NI organised a round-table Istanbul Convention and CEDAW, the two main frameworks meeting with the Department of Justice and trade unions, for national action plans, make little or no direct reference to taking the opportunity to outline ICTU’s position on workplace obligations in the workplace or to the consultation and partic- policies and the importance of employer engagement. ipation of unions in the development and implementation of policies or programmes. Under the Belgian Government’s National Action Plan on gender-based violence, it is anticipated that domestic violence at For example, the Italian government’s National Action Plan work will be an important topic of discussion amongst stake- on Violence against Women and Stalking has been widely holders. The Institute for Equality between Women and Men24 criticised by unions and women’s organisations for the lack is planning to implement new guidelines and measures on of consultation held during the drafting of the Plan, which the prevention of domestic violence at work, and some of its is seen to lack clear objectives and a focus on prevention. ideas have already been informally discussed with union rep- In Northern Ireland, ICTU Northern Ireland (NI) and affiliated resentatives and with representatives of ‘persons of interest/ unions were involved in consultations for the new seven-year trust’ in the workplace. Stopping Domestic and Sexual Violence and Abuse in North- ern Ireland Strategy, issued in 2016. The Strategy does contain some references to the workplace, but in ways that ICTU NI considers to be very general, and it does not take We want prevention to start into account the ICTU NI submission based on a focus group “early, we want the victim to talk that ICTU NI convened for the Department of Justice during about it at an early stage, and if the preparation of the Strategy. The submission presented evidence about the economic and other social impacts of vio- possible to get help. We want to lence in the workplace, and pointed to the vital role that trade start to help them… Politically this unions play in developing both strategic and workplace policy. is not the time to change the law, but we want to build up something, and to create new tasks within The role of the trade union our existing structures. We already representative“ is vital in the context of the workplace, and trade unions have an important part to play in 24 The Institute for Equality between Women and Men is responsible for providing data concerning the situation of women in Belgium. It promotes gender equality in the terms of working with employers to professional sphere, as well as combating violence and discrimination, and coordinates the National Action Plan against gender-based violence.

53 have a good structure for tackling actors in the provision of services, as well as the uneven dis- mobbing and harassment through tribution of responsibilities at different levels of governance the ‘person of confidence’, and we (regions, provinces and local municipalities). think that best way to go is to Several unions argue that the ratification and full implemen- suggest how victims of domestic tation of the Istanbul Convention, including ratification by violence can talk to the person of the EU, will be crucial in the future for the development of an integrated framework for tackling violence against women, confidence, who in turn will try within which unions can also contribute their expertise and to negotiate with the employer connection to women workers, in partnership with employers and give advice to the person and other agencies and bodies working to end domestic violence. Italian unions, for example, are particularly concerned (perpetrator or victim). We plan to that the provisions contained in the national plan on violence test this in some ministries.” against women (issued in April 2015) fails to implement the Istanbul Convention, notably in relation to prevention. The (Marijke Weewauters, Institute for Equality between plan mentions the allocation of resources to regional govern- Women and Men, Belgium) ments, which the unions argue should lead to an increase in services for victims of domestic violence. However, the allocation of resources from regional to local level is very slow In addition to developing an (informal) role for the ‘person of and the system of financing is complicated. CGIL are cur- confidence’, the Institute envisages that safety and health rently monitoring the steps for allocating resources locally, prevention advisors may also have a formal role in the future. and report that many anti-violence centres are closing down In time, the Institute would like to see a change in the law to owing to a lack of funding. ensure that preventing domestic violence at work becomes a formal role for the ‘person of confidence’. 3.7 NEGOTIATIONS FOR COLLECTIVE AGREEMENTS AND WORKPLACE POLICES Trade union participation in Inter-agency fora

Unions can and do play a role as part of the wider organ- a) How unions have approached the issue of isation of protection and services for victims of domestic domestic violence at work violence. Inter-agency collaboration between organisations working to prevent, protect and provide services for victims of The ETUC ‘Safe at Home, Safe at Work’ project has revealed domestic violence, is advocated as a good practice approach significant interest amongst trade unions in the issue of in the Istanbul Convention. Although no reference is made to domestic violence at work. Some of them have begun to build the social partners in this context, good practice inter-agency knowledge and skills for negotiating sectoral and workplace models that exist in Scotland and Northern Ireland recognise policies on domestic violence at work, including agreeing the value of an integrated approach of collaboration between model clauses, training for union representatives and shop agencies, including trade unions. stewards to give sensitive support to victims of domestic violence, negotiating practical support with the employer, and ÎÎ The inter-agency Belfast Domestic & Sexual Violence and ensuring that the prevention of domestic violence at work is Abuse Partnership has brought stakeholders together, included in workplace risk assessments, and on the agendas including trade unions, and has produced a model work- of safety and health committees. place policy on domestic violence and abuse. The Partnership brings together partners from social services, Examples include model clauses on domestic violence being the police, probation, women’s aid, voluntary organisa- adopted in local government and the health sector in the UK, tions, men’s projects and trade unions. It has drawn up specific workplace policies adopted by multinational com- ‘Domestic Violence and Abuse in the Workplace, A Model panies in several countries, the introduction of clauses in Policy’, which includes guidance, a model workplace policy workplace equality plans in Spain, and union lobbying for the and information about the role of unions. It states that introduction of legislation giving a legal right to paid leave. staff experiencing domestic violence/abuse may report it Some unions are actively engaging with local municipalities to a union representative, a line manager, or colleague. to include clauses in the renewal of CBAs, as is the case in Italy and Bulgaria. These are good practices that unions in Italy would like to see replicated. Unions and women’s organisations there are Unions in Spain and Italy have been the most active in critical of the lack of a comprehensive, coordinated approach negotiating agreements and workplace policies (by virtue of to service provision and partnership amongst public actors, as the legal framework, discussed above) and some unions are recommended in the Istanbul Convention. Challenges include very active in Denmark, Northern Ireland and the UK. Prevent- the availability of resources and coordination amongst public ing domestic violence at work was identified as a new issue

54 by unions in Belgium, Bulgaria, France, Germany, the Nether- lands and Slovenia. In these countries union representatives What you do at home is very mainly provide ad hoc support, for example through informal “separate from what you do at work. assistance, contacting the police and support services. How- ever, women victims of domestic violence often approach a Domestic violence or care issues union only when their situation has become very serious. are not talked about a lot… There is an assumption that the employer French unions have taken different positions on the issue of whether domestic violence should be a union priority in the has a responsibility to provide a workplace. In the CGT, women representatives are unani- safe working environment, but mously of the view that domestic violence is a workplace it is also assumed that it is not issue and comes under the employers’ and unions’ responsibility for the health and safety of employees. The union the employer’s role to give advice bargains on the issue with employers whenever possible. about what you do in your private CFDT Paris recognises the importance of the topic but prefers life, even if this concerns issues at this stage to concentrate on workplace-related violence. FO has also been reluctant to deal with the issue, but insists on such as unhealthy lifestyles, food the legal protection of a victim of domestic violence from dis- consumption or alcohol consumption. crimination and dismissal on the ground of health or family Persuading the employer and the situation. FO argues that employers have a legal responsibility to protect victims against any violence occurring in the work- occupational health and safety place, regardless of whether it is linked to their private lives. committee that they should look at domestic violence as a workplace In Germany, if a worker who is a victim of domestic violence seeks help and support, unions give assistance in an infor- issue will be difficult.”(Jessica van mal way, for example, by advising a woman of help she can Ruitenburg, FNV, Netherlands) receive from the company’s human resources department, where they exist, or help from a specialist NGO or health service. German trade unions have not actively addressed Similarly, unions in Belgium view domestic violence as a domestic violence at the workplace and they do not have any private issue, and there are few examples of CBAs or work- official initiatives or a common position. The unions DGB, place policies that address domestic violence at work. There Verdi, VEG and others are of the view that the issue is an are some examples of companies organising information and important but challenging ‘private problem’, which should be awareness sessions which have included domestic violence dealt with by specialist services provided by public health ser- as a topic, alongside mobbing, sexual harassment at work and vices and NGOs. Unions have expressed concerns that women psychosocial risks (Huchet et al., 2015). Most support tends who reveal that they are victims of domestic violence may be to come from individual prevention counsellors or corporate directly or indirectly discriminated against by their employer psychologists who give ad hoc support to victims of domestic or manager. violence.

In the Netherlands, unions are only just beginning to consider In the interviews for this report, Belgian unions presented two how they can address the issue of domestic violence at work, possible ways in which domestic violence at work could be and they regard this as an important priority for the future. addressed within the existing framework of law and of collec- When unions address domestic violence at work, they tend to tive bargaining. First, they cite the precedent set in the April do so informally; this leads to individual negotiations with an 2009 agreement in the National Employment Council (CBA employer to help support a victim at work. An example was No. 100) requiring every company to have a preventive alcohol given from the transport sector, where an employer recently and drugs policy, which must be drawn up together with the approached the union official as he was concerned about a company works council and workplace health and safety com- female employee. He asked for the union’s help as he did mittee. This had the effect of formalising the link between not want to sack the woman from her job. The union official work and private life in relation to the prevention of alcohol spoke to the woman and found out that she regularly experi- abuse, exemplifying a direct connection between home and enced violence during the night; the official negotiated with the workplace. This, the unions argue, connects workers’ pri- the employer to give her afternoon and late shifts, so that vate lives to their work lives, and opens up the possibility for she could sleep in the morning, and she also provided infor- unions to consider the prevention of domestic violence in a mation about specialist support services. One of the reasons wellbeing at work framework. This framework could also why unions in the Netherlands have not seriously considered extend to perpetrators who may also bring problems at home domestic violence as a workplace issue until now is because into the workplace, for example, through acts of stalking or it is regarded as being sensitive, and there is a marked sepa- violence against a partner or former partner, or against other ration between work and private life. colleagues.

55 workplace – there is an added value There is the potential to use this for the whole of society… It should “system as a basis for addressing be incorporated into the agreements the impact of domestic violence at that are already in place.” work… This is relevant, as women (Yanka Takeva, President, Union of Bulgarian Teachers, who are victims of domestic CITUB) violence are isolated at work, they have difficulty getting to work, Some unions see preventing domestic violence at work as and they may experience financial a potential new role in the workplace. For example, ZSSS argues that a union could build on the range of informal and abuse – this has consequences at ad hoc supports that are already provided by its represent- work – and the employer should be atives. In addition, the SDTS trade union, for the commerce obliged to do something within the sector, helps victims of domestic violence through the Trade Union Solidarity Fund, which provides important financial sup- framework of work.” port. Slovenian NGOs with experience of working with victims (Patricia de Marchi, of the Belgian confederation CGSLB) of domestic violence have shown that when someone in an organisation is trained to provide appropriate support, it can help to resolve the problem quickly. In this context, Slovenian Second, unions see the potential to adapt the Wellbeing at gender expert Sonja Robnik argues, it is vitally important that Work legislation to cover domestic violence as a psychosocial trade unions take action in this area as “… prevention needs risk in the workplace. This is particularly important because to be driven by an outside force, which is the trade unions.” the Belgian legislation is specific about the impact of psycho- Likewise, Doroteja Lešnik Mugnaioni of SOS Helpline, the social risk on work performance and the execution of work national organisation which runs 16 shelters, welcomes the tasks, in amongst other areas, which is relevant to preventing possibility of working in partnership with trade unions in pre- domestic violence at work. In addition, unions have identified venting domestic violence at work. the role that protection orders can play in placing an obligation on employers to provide a safe working environment and During the ETUC’s project, discussions were held between to protect victims at work. gender experts, domestic violence specialists and trade unions, which led to a common understanding and to a com- Discussions with unions in Bulgaria reveal a great deal of mitment to work on raising awareness of domestic violence at interest in developing new bargaining on domestic violence work. In Slovenia and Bulgaria, for example, unions expressed at work. The Bulgarian transport union, FTTUB, believes that an interest in learning from and adapting model agreements domestic violence at work must be the next issue for the and workplace policies from other Member States, as a basis union to address in collective bargaining, for example, by negotiating agreements and policies in Slovenian workplaces. extending existing municipal CBAs negotiated by FTTUB on violence against women at work to include domestic violence at work. FTTUB recognises that domestic violence is an inte- b) Collective bargaining agreements and work- gral part of the continuum of violence affecting women in place policies on domestic violence at work both the public and private domains, and argues that it should be included in future workplace negotiations. Appendix 3 lists over 40 examples of CBAs and workplace policies on domestic violence at work that were identified in the ETUC’s eleven country case studies. Most examples of CBAs and workplace policies on domes- It is in the public interest that tic violence at work can be found in Denmark, France, “we put domestic violence on our Italy, Spain and the UK. They offer a range of protections and supports, including flexible working hours, paid leave, agenda and that we take this into a change in job location or work scheduling, safety planning public discussion… It will also send and in some cases childcare support, financial and housing a message to our members, some support. In addition, the provision of confidential psychological and practical support is increasingly common either of whom commit violence, that through existing company social assistants and occupational domestic violence is unacceptable health programmes, or through specially dedicated domestic and that it is a union issue in the violence at work support and assistance programmes. Most policies and agreements include information about local workplace. We must deal with this NGOs providing specialist support. There has been little or no issue as it relates directly to the evaluation of the effectiveness and take-up of different work-

56 place initiatives, although interviews with unions and NGOs fer is made, and Mahou´s gender equality plan covers the point to the important role they have played in supporting victim´s rental costs during a period of six months, paying women to stay safely in work. a maximum of 1000 € per month. Some agreements, especially in the banking sector, offer zero interest loans Unions in Spain have ensured that the majority of CBAs, har- to cover the necessary expenses of employees who are assment and violence protocols and gender equality plans have victims of domestic violence. Endesa, for example, offers provisions in place regarding domestic violence. Some agree- financial aid to cover rental costs and expenses relating ments and gender equality plans have improved on existing to changing school or a child for a maximum period of 6 legal measures and most agreements provide information about months if a victim of domestic violence has to leave her specialist services, as well as social and psychological support home. El Corte Inglés´ gender equality plan considers the to domestic violence victims. Clauses range from informing possibility of offering bonus pay in advance to domes- domestic violence victims of their rights, preventing domestic tic violence victims and that leave of absence caused by violence through training, reorganisation of the working day by domestic violence will receive full pay. offering flexible working hours, paid and unpaid leave and a range of other social or economic measures. Several promising practices have been developed in North- ern Ireland, where unions have been very active in proposing The Spanish CCOO union’s analysis of 266 sectoral agree- and agreeing policies and agreements on domestic violence ments, found that only 110 (41.3%) referred to measures to at work. They include workplace policies in health and local protect working women from domestic violence at work. government, and a substantial effort on the part of public However, CCOO state that there has been a big increase in sector employers and unions, along with the Northern Ireland agreements in recent years as a result of the obligations on Government in progressing workplace policies. See example employers to implement workplace measures under the 2004 in the Box 14 below from Northern Ireland. Act on the protection to women victims of domestic violence. Of the 110 agreements, 75.4% define specific measures on domestic violence at work, including paid leave of absence. BOX 14: UNION INVOLVEMENT IN DEVELOPING 20.9% have introduced new measures, beyond what is pro- POLICY AND WORKPLACE MEASURES ON vided for in the law. (CCOO, 2014) DOMESTIC VIOLENCE AT WORK

ÎÎ Some companies in cooperation with unions have pro- Unions in Northern Ireland have played a very active duced information booklets for workers experiencing and strategic role in negotiating workplace policies domestic violence as part of their gender equality plans, as on domestic violence at work, in influencing national is the case of the companies Securitas Seguridad España policy, lobbying for policies on domestic violence to and Aqualia. Some gender equality plans, for instance be mandatory across the public sector, and working that of Iberdrola, provide training to workers to prevent in partnership with a wide range of stakeholders to domestic violence. Emulsa´s gender equality plan rewards end violence against women and girls. the completion of their domestic violence training courses with points that are recorded as professional training National guidance by the Northern Ireland Office and courses which are taken into account for internal promo- the Department of Health, Social Services and Public tion processes. Safety on ‘Developing a Workplace Policy on Domes- ÎÎ In the area of working time, some agreements include spe- tic Violence and Abuse: Guidance for Employers’ cial leave arrangements for domestic violence victims. For (2008), gives a good focus to partnership and working example, the El Corte Inglés gender equality plan offers with trade unions to prevent violence and abuse in four days paid leave per year to domestic violence victims the workplace. when they have to move house or they have young or disabled children in their care. Others, such as, Grupo Zena, A policy agreed between Belfast Health and Social offer paid leave to victims for doctors’ visits or for health Care Trust and unions ‘Domestic Violence and or social care. Abuse in the Workplace Policy’ (2008) has a good ÎÎ As regards long-term leave, the CBA of LIDL supermarkets focus on partnership working and engagement with offers an extraordinary leave of absence of up to 3 years unions: “Employers and Trade Unions are commit- for domestic violence victims with the right to re-incor- ted to responding sensitively and effectively to those porate at the same professional level, if the problem is needing help and support as a result of Domestic ongoing and more than 18 months have passed. Violence” and “Employers and Trade Unions will take ÎÎ The agreement of the energy company, Endesa, enables all reasonable steps to deal with domestic violence/ victims of domestic violence to work a shorter working day abuse through the creation of a safe and supportive by taking a short lunch break, and Aqualia´s gender-equal- environment within the workplace”. ity plan enables domestic violence victims to vary their holiday period to any time of the year. A leaflet entitled ‘Domestic Abuse: Confidential ÎÎ Some companies, such as the agreement with Decathlon, Support for all Trust Staff’ was drawn up in 2008 provide help with travel and moving costs if a job trans- alongside the policy setting out the role of des-

57 ignated support officers, who are appointed in In some cases, workplace policies have been employer led, as different services and from unions to provide support is the case in Germany where initiatives have been drawn up to victims of domestic violence. They receive training by city administrations in Berlin setting out obligations to pro- to provide informed, non-judgemental support and tect and support employees against domestic violence. information to victims, including emotional support, practical information, liaison with line managers, ÎÎ Several German companies have developed initiatives which and give help for family members. Because of the stem from the employers’ obligation to prevent and pro- confidential nature of the service and the various tect against any threat of life and health and because they means of accessing it, it is difficult to quantify how recognise that there is an economic benefit to protecting a many staff members have benefitted from the ser- woman’s health and integrity in situations of domestic vio- vice, although it is estimated that between 10 and 15 lence at work. In 2007, the German NGO Terre des Femmes people seek support each year. was the first organisation to be active in promoting the first workplace policies in companies, which led to a joint confer- In October 2012 Belfast City Council agreed a ‘Work- ence between the Friedrich Ebert Foundation and Terre des place Policy on domestic violence and abuse’, with Femmes; a second conference was held in 2009. the four main trade unions (NIPSA, UNITE, GMB and SIPTU). For reasons of confidentiality no formal ÎÎ Since 2007, the Berlin Senate Administration (department records or statistics are held about the number or of equality and gender) has been involved in the develop- type of cases. Belfast City Council has a Women’s ment of workplace policies. Some larger companies have Network for employees which has discussed the introduced workplace policies, with confidential social issue. Belfast City Council won a gold award in 2015 advice services and telephone hotlines, which unions under the “Safe Place” initiative in recognition of believe also give support to victims of domestic violence. its commitment to supporting employees who have been affected by domestic violence. Another approach taken by unions is to include measures on domestic violence at work as part of broader negotiations on gender equality. In France, although there are no specific legal obligations to include domestic violence at work in ÎÎ In the UK, the public service union UNISON and other unions negotiations on professional equality, unions have used the have been active in providing guidance and model work- negotiating framework on professional equality to include place policies on domestic violence at work. This, along with domestic violence at work. CGT, for example, state that guidance from national employers’ organisations in health their negotiations regularly integrate a chapter on domestic and local government, has resulted in a large number of gov- violence with specific concrete actions to be taken by the ernment departments, local authorities, health care Trusts in employer. A good practice is the agreement with PSA Peugeot the UK agreeing workplace policies for their staff. Informa- Citroën, see Box 15 below. tion about the UNISON guidance and model policy can be found in the next section. BOX 15: PSA PEUGEOT CITROËN ÎÎ A good example is the workplace policy drawn up for government employees in Wales: ‘Domestic Abuse, Vio- The 2009 company agreement with PSA Peugeot lence against Women and Sexual Violence Policy’ sets out Citroën, the car manufacturer, was one of the first guidance and a procedure for colleagues, managers and in France to address the issue of domestic violence victims of domestic violence and abuse, and what to do if at work. It took the form of a protocol to prevent an employee/external person is a perpetrator. Trade union and combat domestic violence, which was signed representatives are responsible for familiarising them- with the then Minister for Employment and Social selves with the provisions of the policy and procedure and Relations. In 2014, PSA went a step further when it for assisting their members. made fighting violence against women a priority in the three-year company-wide agreement on gender ÎÎ Several agreements have been drawn up in the retail equality. In Article 4(8) in Chapter 4, “Supporting the sector in the UK, an example of which is a domestic vio- feminisation of employment by improving working lence policy agreed between the Coop (retail chain) and conditions and adapting workplace structures”, ref- the shop workers’ union USDAW. It sets out obligations on erence is made to supporting employees who are the company to provide information for line managers and victims of domestic violence. This encourages the HR and resources for victims and perpetrators of domes- company’s various sites to take action against gen- tic abuse; provide support to victims such as time off to der-based violence by relaying national campaigns, attend meetings or counselling; provide support to perpe- training social, medical and HR services, and making trators who may seek help voluntarily; provide training to referrals to support employees who are victims of raise awareness of domestic violence and understanding violence. Each site can undertake different actions of the policy and guidance, and roles of line managers, HR within its plant to meet these objectives. For exam- and the Employee Assistance Programme. ple, the Vesoul site reached out to the Information

58 Centre on Women’s Rights and Families (CIDFF) to three months and to negotiate flexible forms of leave. Unions arrange training for the site’s managers. 150 man- argue that it should be possible to persuade employers to do agers were specifically trained to identify violence this as models of leave exist for other groups of work (such as against women and an exhibition on the issue was reconciliation of work and family life, leave for older people organised. Training also helped managers to identify and leave for marriage). victims and to recognise that the issue of domestic violence may be raised by a woman when talking ÎÎ In the food sector the joint statement by unions and about other issues. This has led to a ‘multi-factor’ employers on discrimination prevention in the food sector approach. Awareness-raising initiatives have also (5 February 2016) sets out provisions of leave for women been implemented, including the distribution of flyers who are victims of gender violence. In other sectors, such to assist with self-diagnosis (‘Are you a victim?’). as transport, energy and water, bargaining proposals and objectives have been set for all new agreements to include paid leave and to ensure that this is provided on a flexible and hourly basis if needed. One of the issues raised is that ÎÎ The French 2015 La Poste CBA on gender equality was it is important to keep women in the workplace and for signed by unions represented in the company, which women to have access to flexible forms of leave, for exam- includes a chapter on protection against domestic violence ple, for police or court appointments or for counselling. and on violence in the workplace. This states that La Poste will help victims of domestic violence at each site of the ÎÎ The electrical CBA currently includes reference to violence company with the possibility to contact a social assistant against women in a section on women’s rights and UILTEC in order to get advice and support with regard to domestic has a bargaining demand to increase the leave up to six violence. In line with its social housing policy, employees months. In the chemical sector several agreements have may ask for urgent housing solution. The HR and man- been signed on reconciliation of personal and professional agement line will help to find a housing solution and to life, which includes a leave period for victims of violence, propose a geographic change of the workplace if neces- and right to switch between part-time and full-time work. sary. La Poste will inform on NGOs and other specialised Because the national agreement in the Chemical sector was institutions for support and advice. up for review in 2016, the union added a new section for the introduction of company based observatories for improve- ÎÎ The 2012 company agreement on gender equality with the ment of performance, reconciliation, smart working/flexible French supermarket chain Carrefour states “that domestic working hours, and compliance with gender issues. It gives violence is a problem for workers regardless of their origin specific attention to mothers and fathers and includes the or their professional grade with catastrophic consequences principle that ‘if you are well at home you will feel well at for the person concerned and includes company information work’. This is seen as a very important approach to make and training as part of its Corporate Social Responsibility the connection between balancing work and professional Strategy. (Article 2) As part of its Corporate Social Respon- life with prevention of gender-based violence. sibility, Carrefour will give information in order to raise awareness on the issue amongst its employees. This information campaign will be tested at some sites and might be, c) Domestic violence at work as an occupational if necessary, enlarged at the national level.” safety and health issue

ÎÎ The telecommunications company Orange included in its Several unions spoke of the importance of ensuring that 2014 agreement on gender equality in France an article on domestic violence at work is integrated into occupational gender-based violence, as part of the “Work organisation, safety and health policies and procedures, including risk work-life balance, health and prevention”. It states that the assessments. Although there is little evidence that this company will put in place emergency action if a woman files approach has been adopted across the EU, unions point to a complaint. This emergency action can include quick hous- learning from the precedent set on this in Canada, under the ing provided by the ‘Action Lodgement’ initiative. Ontario Occupational Health and Safety Act25 under which unions have approached domestic violence at work as a ÎÎ The 2016 agreement on professional equality with the tyre health and safety issue. This issue was first signalled by the company Michelin states that the company commits to set European Agency for Safety & Health at Work in its report up measures to improve the provision of care for victims, on gender and safety and health at work (EU-OSHA, 2003), and information about the ways to provide help and sup- where it was noted that victims may “suffer either physical or port will be disseminated among the occupational health staff, social assistants and human resources staff.

25 Section 32.0.4, Occupational Health and Safety Act, states: “If an employer In Italy, unions are currently preparing a range of CBAs and becomes aware, or ought reasonably to be aware, that domestic violence that would proposals on paid domestic violence leave, following the likely expose a worker to physical injury may occur in the workplace, the employer shall introduction of the 2016 Jobs Act. In some sectors unions are take every precaution reasonable in the circumstances for the protection of the worker.” Guidelines have been drawn up on ‘Threat Assessment and Risk Management, Setting planning to negotiate to extend leave entitlements beyond up Security Measures and How to Create a Safe Workplace’.

59 psychological health problems and this may affect their work this easier to achieve than creating new, stand-alone policies performance and result in their taking time off work” (p. 65). and agreements. A large number of unions highlight the possibility of domestic violence support and leave being included Domestic violence carried out in the workplace – through, in existing agreements and workplace policies on health and for example, physical violence, harassment or stalking – is a wellbeing at work, on family-friendly working or on equality serious form of workplace violence and for this reason should and diversity, or integrated into initiatives that tackle absen- be integral to workplace policies on occupational safety and teeism and ill-health, rather than trying to negotiate new health. When domestic violence at work is included as part agreements on the issue. of an overall workplace policy or agreement on violence and harassment at work, this signals that domestic violence is a ÎÎ A good model for this exists in the workplace policy of safety issue in the workplace. This not only contributes to cre- the Slovenian supermarket Mercator, where precedents ating a safe and respectful working environment, but it can also for providing short leave are already in place under the encourage better work-life balance policies that can adapt to Employment Relationship Act, and have been extended in the needs of workers experiencing domestic violence. many CBAs. They provide up to seven days’ paid leave for weddings, family bereavement or moving home, a serious Through workplace policies and agreements, it should be pos- accident suffered by the employee, for example, and non- sible to identify effective ways to deal with employees who paid leave for up to 30 days. A good practice agreement in harm, threaten or harass a partner or ex-partner, including the banking sector gives seven days’ paid leave for family how to deal with stalking and the enforcement of protection and personal matters. Unions believe that in the absence orders in the workplace. However, unions stress that it is of specific policies and procedures on domestic violence at important for union representatives and employers to under- work, similar leave could be negotiated and specified for stand that domestic violence is different from other types of victims of domestic violence. violence and harassment in the workplace. In addition, they point to the importance of safety and health representatives ÎÎ The Danish Central Custom and Tax Administration, SKAT, understanding the warning signs of domestic violence, includ- recently amended its personnel policy on “Violence, intim- ing levels of potential severity, and knowing how to deal idation and harassment”, which was initiated by a trade with them. Issues of confidentiality and how to communicate union representative who had followed training for shop effectively and support a worker who is experiencing domes- stewards on domestic violence at work. It is interesting to tic violence, and how to help a victim with safety planning, note that the policy refers to threats of violence or harass- is also important. This may include negotiating leave and/or ment from internal or external parties, which can include flexible working hours, making safety plans, and referring the stalking or harassment by perpetrators of domestic vio- victim to specialist domestic violence and counselling ser- lence. It states that: “In SKAT we do not accept violence, vices. Unions also highlighted the need for different types of threats of violence or harassment from either internal or skills and workplace protections for victims, depending on the external parties. This applies both during working hours extent of the risk to their personal safety. and to work-related violence, threats and harassment outside normal working hours.” ÎÎ Some unions have sought to include domestic violence at work in occupational safety and health initiatives and ÎÎ In the guidance produced for managers on handling the checklists. For example, the UK TUC’s ‘Gender sensitivity effects of domestic violence at work agreed by the Brit- checklist’ (on gender and occupational safety and health) ish Telecom company, reference is made in the company’s is currently being updated, and will include a stronger existing ‘Achieving the Balance’ policy to flexible work- focus on domestic violence at work. ing and to changing work roles. The policy also refers to cases in which both people in the domestic dispute are ÎÎ The union UNITE includes advice on domestic violence as BT employees, where it may be necessary for BT to imple- part of women’s occupational health and safety guidelines. ment its policy on harassment and bullying at work. The guidelines show how UNITE representatives in the workplace can help workers; they also cover holding discus- ÎÎ The 2015-2017 Gender Equality Plan of the French Ministry sions on the effects of domestic violence and negotiating a for the Economy and Finance refers to gender-based violence policy at work, and offer suggestions for what to do if you or in relation to existing measures on safety and health at work another member is experiencing domestic violence. and the prevention of violence at work – measures that can be used to support victims of domestic violence, for example through support provided by social workers and occupational d) Incorporating domestic violence at work into health staff. The plan provides for HR staff and managers to existing policies and agreements have access to relevant information and tools, as well as the option of creating partnerships with specialised NGOs. Some unions have incorporated provisions on preventing domestic violence at work into existing policies and agree- ÎÎ The Bulgarian transport union, FTTUB, is planning to ments on occupational safety and health, violence and negotiate provisions on domestic violence at work and harassment at work, or provision of leave schemes, finding to further develop existing agreements on violence and

60 harassment at work so that they include provisions on e) Typical features of agreements and workplace domestic violence at work. For example, agreements on policies on domestic violence at work work in urban transport and railways have put in place provisions for psychologists to support victims of workplace Workplace policies can send a strong message that domestic violence, which could be further developed to address violence is not tolerated inside or outside of the workplace. domestic violence. They can be stand-alone policies or incorporated into existing policies on harassment at work and/or on safety and health. ÎÎ Representatives of the CITUB Women’s Committee in An important part of such a policy is that confidentiality is Bulgaria also stated that they aim to integrate domestic maintained. A review of workplace policies and CBAs on violence leave into existing work-life balance and leave domestic violence at work, including model clauses, finds that arrangements. For example, Article 44 of the Education they typically include the following provisions: Sectoral CBA negotiated by the Bulgarian Union of Teach- ers provides additional paid leave for mothers, thereby ÎÎ Information about domestic violence at work: As a start- setting a precedent for the provision of paid leave for ing point it is important to give information about domestic women, which could be extended in the future to paid violence, what it encompasses, the extent of it and how leave for victims of domestic violence. it impacts on the workplace. Most importantly this should help to raise awareness that domestic violence is a seri- ÎÎ The Institute for Equality Between Women and Men in ous infringement of women’s rights to independence and Belgium believes that it is best to start with an informal autonomy, and that if it escalates it can have catastrophic process, and to use existing leave schemes and occu- consequences for victims. pational safety and health measures as the basis for negotiating leave for victims. Unions in Belgium and the ÎÎ Paid flexible leave: This can include arrangements to Netherlands identify a key role in the future for ‘persons enable a worker to take paid time off work, or to work of confidence/trust’ in providing confidential support and flexible hours, to enable them to seek protection, attend assistance for victims of domestic violence. solicitors’, police or court appointments, seek new housing or relocate to a safe house, arrange childcare or new Some unions have pressed for domestic violence at work to schooling for children, or take up specialist support and be included and recognised in workplace policies or under services, such as counselling. employers’ obligation to address absences from work. ÎÎ Protection from dismissal: An important part of a policy ÎÎ In Germany, obligations on employers to address sick- is to ensure that victims of domestic violence who have ness leave have been another opportunity to introduce taken sick or other leave have time-limited protection from measures designed to prevent domestic violence at work. dismissal, as exists for pregnant workers, for example. For example, after a period of absence at least six weeks in a year for health reasons, maternity or other reasons, ÎÎ Safety and security in the workplace: Initiatives to improve employers have an obligation to conduct a ‘reintegration the safety and security for victims can include specific interview’ with the employee, which aims to find solutions safety planning to prevent physical assault, harassment or and support to help the employee resume her work. stalking at the workplace, as well as measures to tackle threatening or harassing phone calls and emails from ÎÎ In the UK, some unions believe that this is a useful abusive partners or ex-partners. Measures that can be approach to take, particularly as other priorities and bat- negotiated with an employer include supporting a victim tles occupy their time and resources, making it difficult to carry out a safety plan, informing reception staff and to negotiate workplace policies on domestic violence at a woman’s colleagues to ensure their safety, providing a work. By bringing an understanding of domestic violence secure entry system and car-parking place, and giving the at work to employers’ strict management of attendance, worker the option of changing their work location, working unions can protect victims of domestic violence from hours or shift patterns on a temporary or permanent basis. losing their jobs. These measures can also provide support and safety for co-workers who may also be affected in the workplace. ÎÎ In Slovenia, NGOs and unions highlighted the important role that can be played in the workplace within the exist- ÎÎ Support for workers: Examples of support that can be pro- ing legal and collective bargaining frameworks. One way vided for victims include confidential, approachable and that this could be approached is through the joint union/ non-judgemental meetings with a designated support insurance institution project on addressing sickness person, person of confidence/trust, social assistant, occupa- absence, or through existing agreements and policies on tional health doctor or nurse, HR manager or line manager. leave from the labour market and on work-life balance. ÎÎ Disciplinary procedures in dealing with perpetrators: Most policies make a link to existing disciplinary procedures and sanctions that set out how acts of violence, aggressive or harassment in the workplace could potentially lead to dis-

61 missal or other sanctions. There may also be implications 3.8 AWARENESS RAISING, GUIDANCE, for conduct outside of the workplace, which could also lead TRAINING AND CAMPAIGNS to disciplinary action due to its impact on the employment relationship. a) Guidance materials and model agreements on ÎÎ Training and awareness raising for the workforce: An domestic violence at work important aspect of a policy is awareness training for staff who may come into contact with colleagues (or clients/ In France, unions have drawn up a range of guidance mate- customers) who may be victims of domestic abuse. This rials. A CFDT brochure for union members and activists in can help co-workers who want to help a person affected companies gives concrete information and guidance on sup- by domestic violence to have a compassionate and porting victims of domestic violence. The brochure, entitled non-judgemental response, but also ensure that co-work- ‘Domestic violence at the workplace: Supposing we talked ers are safe if a perpetrator comes into the workplace. about it?’ (‘Violence domestique sur le lieu de travail. Si on Sensitive communication with staff who may be potential en parle’) states that if workers are aware of the support and victims is also important, for example by providing infor- assistance the union can provide, they are more likely to come mation about contacting a workplace representative, or a and ask union members for help. It gives advice about safety member of staff who acts as a person of confidence/trust planning, dealing with malicious calls and emails and stalking in the workplace, and putting the telephone numbers of by the abuser, and preventing serious violence or homicide in support groups in changing rooms or toilet facilities. the workplace. Suggestions include signposting and contacting a domestic violence specialist for support, identifying ÎÎ Training for shop stewards and line managers: Policies can potential risks and assessing the likelihood the risk may occur, also specify training for shop stewards and line manag- planning the safety of members in the workplace to elimi- ers, setting out how training can help them to identify the nate or reduce the risk (in the same way as planning for other signs that a worker is experiencing problems of domes- occupational health and safety risks), and doing this in collab- tic violence, provide initial support and offer a referral to oration with the worker concerned. Guidance is given on what other specialist support agencies, while also knowing the to do and what not to do when supporting a worker. Support boundaries of their support and knowing where to draw includes encouraging the worker to maintain a personal diary the line in offering advice. of incidents of domestic violence and injuries and their impact on work and attendance, as well as holding empathetic and ÎÎ Provide information about and referral to specialist ser- non-judgemental conversations with victims and giving them vices: An important part of a workplace policy is to enable non-prejudicial support. trade union representatives, line managers, HR managers and co-workers to have access to up-to-date information In Spain, unions have carried out research and have pro- about referrals to specialist support services. This also duced guidance to inform, train and raise awareness about applies to situations where perpetrators are workers who domestic violence. Examples include ELA guidance ‘Gender seek help, or where a colleague or line manager suspects Inequality and Sexist Violence: an Inescapable Problem’, UGT that a worker is a perpetrator of domestic violence. guidance ‘A Union Mediator´s Guide to Domestic Violence’ and CCOO guidance ‘Violence against Women. Legal Rights ÎÎ Financial support: This could take the form of advance pay- and Social Security of Female Victims of Domestic Violence’. ment of salaries, low-cost loans for housing and relocation A detailed and comprehensive CCOO trade union guide from costs, and financial support for childcare and expenses Catalonia sets out practical guidance on tackling domestic incurred when children start a new school. violence at work (see Box 16 below).

62 BOX 16: CCOO: TRADE UNION GUIDE ON An important part of trade union guidance has been the devel- VIOLENCE AGAINST WOMEN (GUIA SINDICAL opment of model agreements, which has been used to good SOBRE VIOLÈNCIES MASCLISTES A LA FEINA) effect in the UK and Ireland to facilitate the development of workplace policies. It has led to several large UK unions The guide drawn up by CCOO (Catalonia) aims to raise taking an active role in negotiating workplace policies on awareness and give practical tools to address vio- domestic violence at work, particularly in the public sector lence against women in the workplace. It states that and large companies. As mentioned above, much of the early male violence against women is structural and based inspiration for workplace policies and measures to address on patriarchy and male cultural and economic power domestic violence at work came from the public service union, over women, which makes it impossible for women to UNISON, who published a model policy and guidance in 1999, exercise their basic rights and fundamental freedoms. which were subsequently updated in 2015 (see Box 17 below). The guide proposes that the eradication of violence requires the involvement of the whole of society to achieve a real change in attitudes and values and where the principle of equality is a reality and where BOX 17: UNISON GUIDANCE AND MODEL there is an end to impunity for gender-based violence. POLICY

The guidance provides practical information about UNISON has been promoting workplace polices on the legal framework on violence against women, and domestic violence at work for over 15 years. In the best practices for trade union action and collective early days of UNISON’s work, the union approached bargaining about domestic violence at work. Exam- employers and argued the case for domestic vio- ples are also given of how to give support and care lence at work policies. This led to the development to victims in the workplace. The guide is aimed at of the ‘Raise the Roof’ guidelines in 1999. In 2015 workers, trade union representatives and lawyers, UNISON issued updated guidance ‘Domestic vio- amongst others. The guide builds on CCOO’s work lence and abuse: a trade union issue’. A UNISON to eliminate direct or indirect discrimination against guide’ setting out information about domestic abuse, women at work, including the fight against sexual suggestions of what branches and trade union repre- harassment and gender-based violence. sentatives can do, and includes the model workplace agreement on domestic violence. The model work- CCOO believes that collective bargaining is one of the place agreement covers training for managers and best tools to fight and prevent gender-based violence in employees, named HR staff with appropriate training; the workplace. Collective bargaining can play an impor- special paid leave for victims; temporary or perma- tant role in awareness raising, prevention, training and nent changes in working time and patters; changes in agreeing interventions in the company. However, the in specific duties to avoid potential contact with an guide states that it is important to be well prepared and abuser; redeployment or relocation where appropri- informed, and to include a wide definition and scope to ate; measures to ensure a safe working environment. violence against women when negotiating collective e.g. changing phone numbers; access to counsel- agreements, equality plans and protocols of sexual ling and support services in paid working time; an harassment and harassment based on sex, so that they advance of pay; and access to courses developed become effective tools to tackle all forms of violence to support survivors of domestic abuse. The model against women, including domestic violence at work, workplace agreement has been circulated to all and with attention to the needs of victims. regions and branches and disseminated to employers via employers organisations. The following actions are proposed for prevention strategies and awareness: To date there has been no follow-up to see how ÎÎ Provide training and awareness raising for union many agreements have been signed based on the representatives and officers. model agreement, and UNISON plans in the future ÎÎ Promote internal discussions to define action to monitor how many workplace policies have been strategies and proposals for collective bargaining. implemented. UNISON currently has 13 workplace ÎÎ Draw up brochures and other educational materi- policies on file; however, the union believes that als to prevent violence against women and raise there are many more workplace policies that have awareness. been negotiated in the public sector, particularly in ÎÎ Carry out specific campaigns to sensitise workers local authorities and in the health sector. and union representatives about gender-based violence at work. ÎÎ Disseminate information about the obligations of Article 48(1) of Law 3/2007 on the legal representation of workers. Source: CCOO (2014)

63 The TUC has issued a guidance document and model work- b) Training and capacity building place policy on domestic violence (TUC, 2002). Several other unions have issued guidance and model policies on support- Training has been an important part of union activity to gain ing workers who are victims of domestic violence, including political support for and raise awareness about workplace the civil service union PCS and the journalists’ union NUJ. The measures to prevent domestic violence at work. Across rail union, RMT, has requested that all lead officers should Europe, trade union training and organising models are table the union’s model domestic violence policy with all increasingly innovative with a focus on a ‘whole worker employers for incorporation into collective bargaining. The approach’, which in the UK has helped union to raise aware- model policy states that abuse “can have a damaging effect ness about the interconnectedness of women’s working lives on the recipient’s mental and physical health, resulting in poor and their domestic lives. A key issue raised by unions is the performance and attendance at work. It is therefore a major need for training for union negotiators and workplace repre- issue.” It sets out certain principles, such as that the company sentatives to understand the dynamics of domestic violence should treat victims sympathetically, give support and infor- at work, particularly when it comes to negotiating clauses mation, provide and publicise a central point of contact, and on domestic violence leave and other support. In particular, offer training to line managers and union reps. It states that unions argue that there needs to be understanding of the the company will, where appropriate, provide practical sup- way in which violence and coercive forms of control are often port for victims, for example, in relation to work attendance or perpetuated over a long period of time, which may result in timekeeping, make available special leave or flexible working, a woman losing her job or sustaining employment. In addi- providing a safe working environment and allowing pseudo- tion, unions highlight the role that training can play in helping nyms on staff name badges. negotiators to recognise the crucial role that the workplace can have on economic independence, which make may it The retail union USDAW issued new guidance on ‘Domestic easier for a woman to leave a violent and coercive relation- Violence and Abuse’ in 2016, using an integrated approach ship. As one union leader in Italy stated: “We have to make to tackle three related violence and abuse issues: domestic sure women have jobs – if they can leave the house, and if violence, sexual harassment, and travelling to and from work. they can reconcile work with family life and have a fair salary, Regarding domestic violence, it gives information and aims to they may be less dependent in a violent relationship.” raise awareness for union reps about the causes and effects of domestic violence, including information on the signs that Some unions have integrated domestic violence at work into may indicated that domestic violence may be an underlying the training of union representatives and equality training and issue. It states that employers have a duty of care to their others have run dedicated training programmes, as is the case employees and gives guidance on how to support members of a partnership between three unions in Denmark, FIU-Equal- experiencing domestic violence. A shorter leaflet, ‘Domestic ity (see Box 18 below). Abuse’, sets out help and support for women who might be facing domestic abuse. The union has also addressed the issue of violence in same-sex relationships. BOX 18: FIU-EQUALITY SHOP STEWARDS TRAINING ON DOMESTIC VIOLENCE AT WORK Two UK domestic violence organisations, Refuge and Respect, have jointly drawn up a detailed domestic violence resource FIU-Equality, a trade union training organisation manual for employers and HR professionals, which has been on equality and diversity was established in 2005 piloted and positively evaluated in a large County Council through a partnership between three trade unions (Refuge and Respect, 2011). The manual is regarded by unions 3F (United Federation of Danish Workers), HK as the most progressive and inclusive resource available in (Union of Commercial and Clerical Employees) and the UK. Dansk Metal (Danish Metal Workers’ Union). It was established under the CBA on funding for and train- ÎÎ In Ireland, ICTU launched a revised set of guidelines for ing release for shop stewards, which has levered trade unions in 2013 with advice about how women who high levels of funding for shop stewards’ training experience domestic violence can be assisted at work: amounting to 320 million Kroner per year. FIU-Equal- ‘ICTU Domestic violence – is a workplace issue’. The ity’s training courses include regular shop stewards’ objective is to give consistent and effective assistance training and an annual conference to address the to those suffering domestic abuse. A motion at the ICTU impact of domestic violence in the workplace. The Biennial Women’s Conference 2013, furthermore, called training aims to promote policies and activities to for affiliates “… to press urgently both public and pri- break taboos at the workplace, to assist victims vate sector employers to introduce workplace policies and in seeking help at the workplace and for elected procedures which will contribute to the overall campaign representatives and colleagues to help victims. against domestic violence as well as providing a safe and FIU-Equality has also produced training materials supportive working environment to the victims.” on preventing domestic violence at work and gives guidance on how personnel policies can be imple-

64 mented so that domestic violence victims have the According to Susanne Fast Larsen, 3F, the prize is an opportu- opportunity to escape from the violence. FIU-Equal- nity to raise awareness and give concrete examples to shop ity is currently examining how workplace safety and stewards about how they can approach the issue of domestic health representatives can also become more active violence at work. Susanne Fast Larsen gave an example of in preventing domestic violence at work. one female shop steward who had helped an employee after her colleagues complained to the shop steward that they did Since 2005, an annual conference on domestic vio- not want to work with the woman because of her bad body lence at work has been held to mark International odor. When the shop steward talked to the woman, she told Day for the Elimination of Violence Against Women her that her husband wouldn’t allow her to have a bath, and (25 November). Each conference covers a differ- that he hit her. After that the shop steward helped her to ent theme, ranging from how to negotiate to help leave her partner secretly as she was worried that he would women experiencing domestic violence, to guiding kill her. The employer gave her an additional one month’s shop stewards about how to interact with a man salary and she begun a new life. who is violent and ways of communicating with perpetrators, who may be work colleagues or union Unions in Spain have collaborated with other organisations members. Other themes include the economic costs in giving training and talks about domestic violence, an exam- of violence based on research carried out by the ple of which is a workshop entitled “Violence against Women Institute for People’s Health (University of Copen- in the Media” in the Loyola de Palacio Senior Citizens´ Munic- hagen), and the most recent conference addressed ipal Centre in Usera, Madrid. the issue of domestic violence in LGBT families. The annual conference, attended by up to 100 people The Community trade union in the UK (a traditional steel is open to all union members, and invitations are based union, recently merged to include workers from other specifically sent to central and local union shop sectors) demonstrates how trade unions can discuss domes- stewards. A theatre play was commissioned in 2009 tic violence and other sensitive issues in empathetic ways from the theatre company ‘The Travelling Stage’ in in union capacity building training. The issue has also been partnership with the White Ribbon campaign, which integrated into Community’s training courses on equality and looked at the difficulty in talking to a male colleague diversity, which focus on conscious and unconscious behav- who is perpetrating domestic violence. Theatre was iours and how these behaviours impact on the workplace. As seen as a good way to deal with the taboo of domes- Bev Bamber, Equality Officer of Community stated: “We need tic violence. Some conferences have showcased to teach people about how they can give support, ask the good practices from companies, including recently a right questions … and to ask questions like ‘how does this pension company who had developed good policies make you feel, are you safe, is there anything I can do to sup- on preventing domestic violence at work. port you to feel more safe’. It is so important for the woman to take control.” Each year a prize is given to a shop steward who has demonstrated a successful role, for example, in An innovative training programme run by CGIL in 2012 in representing a victim or in persuading an employer Emilia Romagna in Italy included training materials and a to introduce a workplace policy. Examples include DVD ‘One thousand faces of violence’. It explored different negotiating with an employer to allow a victim to approaches to addressing violence against a mother and vio- have temporary leave or flexible working hours, and lence against a young woman. It helped to engage the union negotiating a change of job within the company or a in addressing violence against women in collective bargaining job placement in another town or region. The prize is with a focus on all forms of violence against women, includ- awarded on the basis of nominations and a winner ing domestic violence, violence in public spaces and in the is selected from a short list of ten nominations. The workplace. In Emilia Romagna, Italy, the three union federa- prize for 2015 was awarded to a shop steward in tions have been working in partnership with unions from other the government’s tax department, SKAT, who had regions and countries on training, which contributed to the re-negotiated the existing policy on violence at issuing of the 2009 joint statement issued by the three con- work, having successfully persuaded the employer federations setting actions against violence against women. that domestic/intimate partner violence was a key workplace issue. Other prizes in previous years have A project in Belgium funded under Daphne III included a pro- been awarded to shop stewards who have negoti- gramme of trade union training on domestic violence at work ated workplace policies, including a good practice by FGBT/ABVV (COFACE, 2011) (see Box 19 below). In 2015, workplace policy with Post Denmark, which includes the liberal trade union (CGSLB) in Wallonia, Belgium ran helping a woman with information about shelters, training for all female and male candidates, which included time off for support and leave for meetings with law- domestic violence (Huchet et al., 2015). A new national union yers and attending court, and help from counsellors. training programme on discrimination and harassment, which commenced in September 2016 – June 2017 has included sessions on violence against women, including domestic violence at work.

65 Some unions in the Netherlands have run training courses schemes enduring domestic violence (listening and that highlight the issue of gender-based violence at work. spotting; awareness and information; referral to FNV Transport, for example, run training on combating specialised resources; adapted working or training violence against women through the European Transport Fed- arrangements and practical assistance; negotiating eration and the International Transport Federation. As Brigitta a company policy; and supportive legislation to safe- Paas from the FNV Transport Union stated: “I always say in guard victims’ jobs). my training to trade union representatives that 1 in 3 women are victims of gender-based violence, I try to make them The project also recommended that companies aware how much it happens in their surroundings. Many of should include protection for victims of domestic the men are very shocked about this. But it is very difficult to violence in CBAs and workplace policies, by offer- talk about it.” ing (time-limited) protection against dismissal, such as exists for pregnant workers, and extended leave. In addition, preventive measures and protection BOX 19: JOB-KEEPING OR VOCATIONAL for victims could be based on the ‘Welfare at Work INTEGRATION FOR VICTIMS OF DOMESTIC Code’ which lays down “measures to foster improve- VIOLENCE (BELGIUM) ments in the safety and health of workers at work”. The project evaluation found that there had been a An FGBT project (2009-2011) financed by an EU valuable exchange of experiences across the project Daphne III programme, developed training, tools and partners, and through the training of union represent- research on domestic violence at work. The project atives and link workers, leading to a real awareness was conceived from a concern about how victims of of the problem and its underlying human dimension. domestic violence can retain their jobs, and access training and vocational integration if they are outside The coordinator of the project, Liliane Leroy, FPS, of the labour market. It aimed to provide awareness who had a background in psychology, spoke in an and information to the victims of violence in the interview of the importance of working with trade workplace or at the time of integration in employ- union representatives to raise their awareness of ment. A training programme was organised for how they can develop simple workplace measures to specific target groups (trade union representatives, assist victims of domestic violence. She highlighted vocational integration and vocational training facili- the importance of a wide definition of violence tators) in order to enable them to assist the victims against women, to include financial abuse, and to in finding employment or staying in work. The project ensure that trade union representatives, ‘persons was based on a partnership established by the Con- of confidence’ and occupational health and safety federation of Family Organisations in the European doctors and nurses, receive training in how to detect Union, COFACE, and involved the following partners domestic violence in the workplace and provide in Belgium: Femmes Prévoyantes Socialistes (FPS) appropriate and sensitive support for women. A fur- and the FGTB Trade Union, along with NGO partners ther issue was ensuring that trade unions had the in Bulgaria, Spain and Greece. relevant information and expertise to draw up agreements and workplace policies with enterprises. The project led to the publication of ‘Domestic violence: the intruder in the workplace and vocational integration’, setting out the project’s activities, research and findings (Leroy, 2011) and booklet pro- In some Member States challenges exist in relation to access duced in French and English ‘Violence between to training for trade union representatives. Unions in Slovenia partners: its impact on the victim’s professional and Bulgaria both highlighted the lack of resources to fund life and what can be done to help her.’ The conclu- training programmes. In the UK there have been reductions in sions and recommendations from the project were time off for training and reductions of funding for trade union reported to a European conference held in Brussels, education, which has led the TUC and some affiliated unions 21-22 November 2011. A Press Release ‘Domestic to develop online training programmes. An online training Violence: How does it affect work?’ was issued by course, drawn up with support from Women’s Aid, ‘Domestic COFACE (2011) highlighting the problems faced by Violence e-learning programme’ has been developed and run victims of domestic violence in finding and keeping by the TUC Education Service. To date 205 participants have a job. followed the course. An important finding from the project was the role that trade union representatives, along with other Unions interviewed suggested that they need to do more trusted link workers, can play in negotiating work training to raise awareness and open up discussions about arrangements for victims of domestic violence. domestic violence at work. One suggestion is to make con- Specific areas of intervention were drawn up by tact with survivors of domestic violence and to involve them the project where link workers could act to help in union training and discussions about domestic violence at workers or those on job integration/employability work. As one union officer stated this could help to show that

66 it is an issue “you should not be ashamed of”, and that by tell- c) Union campaigns ing the stories of how domestic violence affects work women may be more willing to approach a union representative. Many unions have organised events to discuss and campaign against violence against women, and have taken part in civil Some women in the trade union movement have broken the society initiatives to combat violence against women – often silence, speaking up about their previous experiences of as part of the annual International Day for the Elimination of domestic violence at union conferences and union meetings. Violence against Women. Through this they have highlighted This has brought important insights and awareness into the the consequences of violence against women in the work- union movement, particularly on the role that workplace place. The following is a selection of examples of trade union representatives can play in supporting victims of domestic campaigns with a specific focus on domestic violence. violence. One trade union leader who was interviewed had been a victim of domestic violence knew how it affected ÎÎ Trade unions in Spain regularly mark the International Day women. She spoke of the impact of violence and control on for the Elimination of Violence Against Women by cam- her life at home and in the workplace, and when she was paigning to end domestic violence and raise awareness of finally able to talk about her experience to a colleague she domestic violence. Examples include the UGT campaign, received a lot of support. ‘Unions say NO to violence against women and children’, and the CCOO campaigns ‘Punches aren´t the only things that hurt’, and ‘No more sexist violence’, and most recently, for 25 November 2016, ‘No to male violence against women, I just needed someone to be we want to be free’ (‘No A Les Violencies Masclistes, Volem there,“ to hold my hand as I slowly ser LLiures’ (CCOO, 2016). Campaigns aimed at preventing domestic violence have also aimed to raise awareness made decisions, rather than being amongst students and teachers, for example the USO cam- backed into a corner and being paign, ‘There are Wounds that you Can´t See’, and UGT’s told that I should leave. It was a campaign ‘Educating about Equality’. very difficult time as I was very ÎÎ The three Italian confederations have actively campaigned controlled. I was told by my partner and raised awareness about the impact of domestic vio- to give up my job… There was lence at a societal and workplace level. CGIL, example, has had sustained campaigns on violence against women, such a loss of self-esteem and I including a permanent banner on the façade of its head- would avoid any social situations quarters that reads ‘Violence against women is a defeat as I could never predict what his for all’ (La violenza contro le donne è una sconfitta per tutti). CGIL campaigns on violence against women have behaviour would be. It was always shifted focus in recent years away from images of women about protecting and controlling me, as weak, frail and needing protection to one of women it became very overwhelming. The brave and able to make change. As Loredana Taddei, National Officer Responsible for Gender Equality, CGIL, violence was awful, but what was says, “We have no more campaigns of women hiding in harder to deal with was the mental the corner with bruises and blood, instead we have an brutality: it was more the mental image of bold, brave women in communication style.” On 10 March 2016 a CGIL Emilia Romagna conference dis- stuff that got me, getting endless cussed actions to be carried out to address gender-based controlling phone calls. It took me and sexist advertising; the union campaigned for the with- seven years to get to a position to drawal of a University of Bologna advertisement displaying women in ‘provocative’ positions, which was seen as per- have the confidence to leave. Often petuating a culture of women’s inequality and sending out we can be judgemental of each a message that it is acceptable to violate women. other. When someone tells a victim ÎÎ In the Republic of Ireland, the ICTU has been involved in you should leave, it doesn’t help– various campaigns against gender-based violence which sometimes you are not in a position aim to change men’s awareness of its harmful effects. to make a decision, you’re not sane In a long-standing campaign, ‘Turn off the Red Light’, a coalition of women’s organisations, trade unions and com- or confident enough to leave.” munity organisations in Ireland sought changes in the law (Trade union officer and survivor of domestic violence) on prostitution and trafficking. This has led to the introduction of new legislation based on the ‘Nordic model’, criminalising the purchase of sex, under the Criminal Law (Sexual Offences) Act, 14 February 2017. ICTU is one of

67 several union confederations across Europe that has both 3.9 LINKS AND COOPERATION WITH CIVIL SOCI- campaigned and developed a close partnership with the ETY AND WOMEN’S ORGANISATIONS White Ribbon Campaign. Trade union leaders from ICTU’s Executive Council have attended various White Ribbon Some unions have established good cooperation with civil events, and have collaborated with the domestic violence society and women’s organisations in addressing domestic network Safe Ireland in the launch and dissemination of violence at work. All unions and civil society/women’s organ- the ‘Man Up’ campaign. The General Secretary of ICTU isations interviewed spoke of the importance and value of spoke at the launch of the ‘Man Up’ campaign on 22 Octo- partnerships to link the workplace and the domestic sphere. ber 2014, stressing that domestic violence is a workplace issue. Unions have identified ‘White Ribbon Ambassadors’, ÎÎ Spanish unions have established good collaboration and trade union leaders have made public statements between with civil society and women´s associations, and and U-Tube videos on zero tolerance of violence against trade unions regularly give their backing to initiatives set women, as part of an initiative to persuade men to be up by organisations committed to promoting gender equal- champions who speak out against violence against ity and ending violence against women. For example, they women. In 2015, ICTU held a White Ribbon Ambassa- supported the jurist women´s association THEMIS when dors’ reception, with representatives of government the latter petitioned on behalf of a domestic violence departments, employers, NGOs and media personalities. victim. The victim wanted protection from the Constitu- In Northern Ireland, UNITE members organised to ensure tional Court to get the state to claim responsibility for the that all bus drivers in the Belfast area wore a white ribbon murder of her daughter by her husband during a visitation during the 16 days of the action campaign in 2015. period. Trade unions also attend a “men´s circle” organised by AHIGE (Men´s Association for Gender Equality) and held ÎÎ The equality department of French confederation CFDT every October against domestic violence. This event pays launched a comprehensive awareness-raising and infor- homage to victims of domestic violence and sends the mation campaign on domestic violence for the general message that men also find these acts unacceptable. In a public on 25 November 2015. Posters, leaflets and bro- similar way, trade unions have supported press releases chures are aimed at informing union representatives, from feminist organisations, which criticised political par- victims and colleagues. A poster captioned ‘Vous n’avez ties for their electoral messages saying that they dealt pas honte?’ (‘You’re not ashamed?’), addressed to abus- irresponsibly with the issue of domestic violence. ers of victims of domestic violence, highlights that union representatives of CFDT in the company are there also to ÎÎ In Italy, representatives from all three union confed- offer help, advice and support in these cases. A brochure erations have made good connections with women’s has also been sent to all employees and union members in organisations and that they share common objectives to order to contribute to the general discussion on the topic eradicate violence against women. Activities include joint and spread knowledge about it. A brochure for union activ- meetings, press conferences and campaigns to lobby the ists in companies provides concrete information about how government. For example, at the territorial bargaining level to support a victim of domestic violence effectively. CGT in Emilia Romagna, there has been good collaboration has run campaigns with a focus on combating all forms of between unions, women’s associations and municipalities gender-based violence and in 2014 CGT FP held a confer- leading to concrete discussions of strategies to combat ence in Paris on the topic of domestic violence at work for all forms of violence against women. The three confeder- its members. In 2016, CGT published a brochure on gen- ations successfully collaborated to recommend changes der-based violence for its representatives, including the to the regional law and in drawing up guidelines to pre- issue of domestic violence. vent gender-based violence. On 20 July 2015 CGIL, CSIL and UIL with the employers and civil society entered into ÎÎ The UK public service union, UNISON, has been cam- an agreement for integrated multi-level plans at regional paigning for the last decade for recognition of the impact level in order to implement the joint guidelines, carry out of domestic abuse on women’s working lives. A poster awareness raising and implement the 2013 legislation on ‘We won’t look the other way’ about domestic violence gender-based violence approved at regional level. in the workplace has been pinned up for display in workplaces and has been widely disseminated. The UNISON ÎÎ In the Republic of Ireland, there are very good links Campaigning Handbook 2015-2016 ‘Women in UNISON – between unions and women’s/domestic violence organi- active, campaigning, leading’ contains a section entitled sations. The National Women’s Council of Ireland (NWCI), ‘Ending Violence Against Women’. UNISON is currently which includes members from the main trade unions in Ire- campaigning for the government to make workplace land,26 has carried out many campaigns on violence against agreements a statutory requirement for all public sector employers in line with their gender equality duty (under

the Equality Act). 26 Trade union members include: Association of Secondary Teachers in Ireland; Association of Teachers of Home Economics; Civil & Public Service Union CPSU; Electricity Supply Board Officers Association ESBOA, Impact, Irish Federation of University Teachers, Irish National Teachers Organisation, Irish Nurses & Midwives Organisation, Mandate, Teachers’ Union of Ireland, Unite Women’s Committee and SIPTU National Women’s Committee

68 women. Part of this work derives from the NWCI’s role as and the President and Head of the International Section chair of the Irish Observatory on Violence Against Women, of FTTUB, was an opportunity to discuss their common which enables its member organisations and NGOs to interest in further developing the scope of the agreement work to eliminate all forms of violence against women. On with the Municipality of Sofia to include practical support a quarterly basis the NWCI monitors progress on violence for victims of domestic violence at work. FTTUB has iden- against women in Ireland, which is used as a platform to tified the need for a pilot project, possibly modelled on the lobby the government (NWCI/Irish Observatory on Violence Canadian women’s advocate programme and drawing on Against Women, 2013). The NWCI has, along with trade existing model agreements from other countries. unions, highlighted the impact of the economic crisis on access to services for victims of domestic violence, which was addressed by the UN Committee on International I hadn’t appreciated how Covenant on Economic, Social and Cultural Rights. The “important this issue is – it shows committee noted the legislative gaps in investigating and sanctioning perpetrators, and in providing services to survi- what can be done by looking at vors of violence due to funding cuts, along with legislative things from a different angle, I am gaps in investigating and sanctioning perpetrators (UN, really impressed. The unions are very 2015). The National Women’s Council of Ireland has drawn up a Charter on Zero Tolerance of Violence against Women important, as are the employers. which it is currently disseminating to organisations, includ- A victim of domestic violence who ing employers and trade unions, schools, public bodies and is working will perform badly, she other large organisations, to show their commitment to tackling all forms of violence against women in Ireland. By will be isolated and her employer signing the Charter organisations will commit to a set of will be affected. The workplace is principles that reject all forms of violence against women. something we should consider in It aims to enhance public awareness of the causes and repercussions of the issue and contribute to a shift in cul- the future… We need guidelines ture in Irish society, acknowledging that violence against for the implementation of the law women is unacceptable. on domestic violence – this could ÎÎ In some countries, as is the case in Slovenia, the links and include the role of the workplace. We cooperation between trade unions and civil society/wom- can work together, as we are first en’s organisations often exist at an informal level. Trade responders, and then we can work unions anticipate that if the issue of preventing domestic violence at work is to be seriously addressed it will be with the unions and employers… The imperative to carry this out in cooperation with domestic unions have a great role to play.” violence organisations. (Mina Yovcheva, Director of the Social Division, Sofia Municipality) ÎÎ In some countries unions have not partnered with women’s organisations in campaigns, as has been the case amongst Bulgarian unions. However, they now recognise that ÎÎ In France, unions have partnered with and supported a number domestic violence at work is a union issue where there is of organisations, including the National Federation on Soli- a strong link between work violence and family violence darity for Women (Fédération Nationale Solidarité Femmes, and potential for working closely with domestic violence FNSE), a national federation of at least 25 local NGOs work- organisations. The Bulgarian NGO ‘Women and Mothers ing on the fight against gender-based domestic violence. against Violence’ had participated in an EU-funded Daphne FNSE has created a partnership with the Kering Foundation III project on domestic violence at work; however, unions in order to inform and train their management on the issue had not been involved in this project. The project led to dis- of domestic violence. Since 2014, FNSE professionals have semination of information, training and resources, as well been responsible for running the official French national help as recommendations for project partners in further pro- line “3919” giving support and orientation to women facing gressing work in this area. During the course of the ETUC violence. Unions have also cooperated with FIT (a woman, a project a meeting was held with the domestic violence roof/une femme, un toit), a specialist domestic violence NGO organisation, Animus, and contact was made with the that has trained and informed employers, managers and staff Bulgarian Coordination of the European Women’s Lobby on the detection of domestic violence at work, and the conse- with a view to developing closer links between women’s quences and actions to be taken in the companies. In 2016, organisations and unions, particularly as there is a great together with the Centre Hubertine Auklet, and financed by deal of scope for a broad platform to raise awareness the Region Ile de France, FIT published a comprehensive guide about domestic violence as a workplace issue. Similarly, on improving access to work for victims of domestic violence. a meeting held as part of the ETUC project, between the ÎÎ The TUC in the UK is an active member of the End Violence Director of the Social Division of the Municipality of Sofia, Against Women Coalition (EVAW), which has amongst

69 other areas prioritised domestic violence. With the TUC unions, along with gender specialists and NGOs in Europe, this has enabled EVAW to ensure that priority is given to are members of the network. The network, which is hosted the impact of domestic violence in the workplace. The TUC by the Centre for Research & Education on Violence against has also partnered with and carried out joint projects with Women & Children, University of Western Ontario, holds women’s domestic violence organisations, an example meetings and seminars and produces a newsletter. of which is the report published by the TUC on financial abuse which was carried out by Women’s Aid. The ETUC has also worked closely with European NGOs, including the European Women’s Lobby (EWL), Women ÎÎ In Denmark, unions have established good cooperation with Against Violence Europe (WAVE) and the European Coalition domestic violence organisations. For example, the Copen- to End Violence Against Women and Girls, to campaign for a hagen-based domestic violence organisation, Danner, has stronger legal framework on gender-based violence (referred regularly spoken at and attended the domestic violence at to in Section 1). ETUC participation has been particularly work conferences. Addressing domestic violence at work important in raising awareness with European NGOs of the has been one of the core themes of FIU-equality’s equality importance of workplace measures, while European NGOs network, which spans across ten different cities in Denmark. have helped unions to understand the broader impact of Members of the network make contact with local shelters domestic violence at a societal and workplace level. For the and local domestic violence organisations. An interview European Women’s Lobby domestic violence at work is a rel- with Mette Marie Yde, of the domestic violence organisa- atively new issue for discussion. Although the EWL has not tion, Danner, highlighted the importance of collaboration specifically focused on violence against women in the work- between unions and NGOs in preventing domestic violence place, including domestic violence as a workplace issue, EWL at work: “… the issue of domestic violence at work brings acknowledges the need for better attention to be given to the these together as core issue for both organisations.” She issue of domestic violence at work by unions and employers, sees the development of projects and initiatives to prevent and for this to be formally recognised as an issue for social domestic violence at work as a very positive development, dialogue at the workplace, national and European levels. particularly in using existing models of parental leave as a Most importantly the EWL argues that there is a need for model for domestic violence leave. strong legislation as this is ultimately what leads to change.

ÎÎ In the Netherlands, the FNV has partnered with the Dutch Women’s Council and local and regional shelter organisa- Through discussion between the tions in a project entitled ‘De Nieuwe Toekomst’ (The New “ETUC and the EWL, and evidence Future). It gives focus to the participation and financial independence of victims of domestic violence, by given collected through the ETUC’s ‘Safe training and employment support to women who have at Work, Safe at Home’ project, the been subjected to domestic violence. Interventions include EWL recognises that the workplace support in actively searching for a job, a ten-week training programme ‘Toekomstwerkplaats’ (The Future Workshop), needs to be a priority area for the a personal coach who supports them for nine-months, and prevention of domestic violence working as a volunteer. The goal is to enable the women in the future, and particularly as to gain financial independence, since this is the best form of protection against domestic violence. A pilot pro- part of the European ratification ject in 2012-2013 conducted in the province of Overijssel process of the Istanbul Convention shows that this approach leads to good results: more than and its implementation in all EU half of the participants now partake in education, work, or are active in the voluntary sector. Today the project is Member States… EWL also identifies being delivered in eight local authorities. It is carried out the need for better data on the in collaboration with the police, social services, women’s impact of domestic violence at shelters and the Dutch Women’s Council. It is funded by the Ministry of Education and participating local authori- work, and has highlighted the effect ties contribute to funding. of austerity measures leading to reduced specialist services for Unions across Europe and the ETUC participate in network- ing on domestic violence at work, including through the victims of domestic violence, which International Domestic Violence at Work Network (http:// has left some countries with no or dvatworknet.org/), established in 2014 to raise awareness inadequate numbers of shelters” about domestic violence at work and to introduce workplace (Iliana Stoicheva, Vice-President of the European Women’s policies and legal measures to support women in their work- Lobby). places who are experiencing domestic violence. The network brings together researchers, domestic violence experts, trade unions, NGOs and employers. The ETUC and several national

70 BOX 20: EUROPEAN NGOS Links and cooperation with companies on domestic violence at work European Women’s Lobby: Since 1997 the Euro- pean Women’s Lobby (EWL) has run the European Trade unions recognise the importance of making links with Observatory on Violence Against women, covering companies and persuading them that domestic violence at 30 European countries. The Observatory has been work is a workplace issue. As Maria Pia Mannino, National important in identifying critical and emerging issues, Officer responsible for equal opportunities and Head of the providing an evidence based for improving policies Women’s Committee, UIL, Italy, argues, “We have to establish and service provision for prevention and support of cooperation with companies as part of the whole wellbeing of women victims of male violence and in raising visibility an organisation. And we need to change gender culture in the of the issue at local, regional, national and European workplace, which can be a trigger for change in society.” It is levels (EWL, 2001). EWL’s policy paper ‘Towards a for this reason that the ETUC and its affiliates have welcomed Europe Free from All Forms of Male Violence against the participation of union representatives in the EU-funded Women’ (EWL, 2010) calls for the European Union to project “Companies Against Gender Violence (CARVE) 2014- fight all forms of violence against women through 2016”. The project was undertaken by FACE (Fondation Agir prevention, prosecution, protection, provision and Contre l’Exclusion/Foundation for Action Against Exclusion), a partnership, and to implement a European Action Plan foundation created in 1993 by 13 large French companies with and a European Directive on violence against women. more than 5000 members. A comprehensive brochure on best In relation to the EWL’s work in raising awareness of practices in five European countries with prevention strat- domestic violence at work, their 1999 report ‘Unveiling egies and concrete proposals on domestic violence at work the hidden data on domestic violence in the European was published in 2016. Union’, highlighted the impact of domestic violence on women’s health, wellbeing and performance of work in the workplace. EWL’s position paper on violence against women at work states that “Patriarchal It is crucial that we all work structures and behaviours, coupled with liberal values “together to end gender-based (such as competition, profit-led activities, etc.) on the labour market, trivialise male violence at work or in violence at work. Trade unions are situations relating to work and therefore make it very important partners in combating difficult for women to detect and denounce such vio- violence against women in the lence” (EWL, 2010: 11). workplace. Through the CARVE WAVE: The WAVE Network is the only European project we have drawn up a guide network focusing specifically on violence against for companies, and training and women. It was established as an informal network in 1994 and became a legal entity in 2014 operating as a campaign poster have been produced formal network of European women’s NGOs working to combat gender-based violence. in the field of combating violence against women and We look forward to ongoing children. The network comprises women’s organisations working to combat violence against women collaboration with trade unions in and children at the national level. The network facil- this important work.” (Gigi Guizzo from CEPS itates the exchange of ideas and dissemination of Projectes Socials, a participant in the CARVE project, information throughout Europe, and WAVE carries speaking at the ETUC’s Madrid conference). out campaigns and lobbies national governments and EU institutions, particularly around the sustainability of domestic violence services. WAVE’s recent In Spain, a ‘Network of companies for a society free of vio- work has included research on issues such as femi- lence’ was established in 2012 under the former National cide, services for women with disabilities, the role Strategy for the eradication of violence against women of specialist support services for victims of domes- (2013-2016). It involves 85 Spanish and international compa- tic violence, as well as training resources on issues nies (e.g., BBVA, DANONE, PSA, Mango, etc.) and six public such as effective multi-agency cooperation. companies that work with the Ministry of Health, Social Ser- vices and Equality. The network has two objectives: to raise Both WAVE and the EWL have carried out pioneering awareness about gender violence as part of the government lobbying work to improve data collection, including campaign ’Hay Salida’ (‘There’s a Way Out’), and to support influencing the studies carried out by EIGE and FRA. the socio-professional reintegration of women who have suf- WAVE and EWL are both members of the Coalition fered gender-based violence (CARVE, 2016a). According to to The European Coalition to end Violence Against the ‘National Strategy for the eradication of violence against Women and Girls, which lobbies the EU to ratify the women’ (2013-2016), up to 31 December 2012, 3,687 women Istanbul Convention. benefitted from subsidised employment contracts and 1,015

71 temporary employment contracts for victims of gender-based trade unions. However, unions interviewed for this project violence had been signed. stated that employers are often reluctant to address the issue in the workplace. This is confirmed in a study com- In the UK, the Corporate Alliance against Domestic Violence missioned by the UK Corporate Alliance Against Domestic is an NGO set up in 2005 to advise companies on address- Violence (2012), which found that only 18% of HR managers ing and mitigating the risk that domestic violence poses agreed that domestic violence was a high priority for their to their company and employees. Membership is open to business. A third believed they had no legal responsibility to any employer, trade union or representative body in the UK. protect their employees’ safety. This is clearly an area where However, unions have had little or no contact with the Alli- social dialogue can play a part its raising awareness amongst ance, and the TUC reports having had one meeting with the employers about the benefits – including the business bene- coordinator. A study commissioned by the Corporate Alliance fits – of negotiating workplace policies. Against Domestic Violence (2010) found that only 18% of HR managers agreed that domestic violence was a high priority Preventing domestic violence at work is also seen by unions as for their business. A third believed they had no legal responsi- being integral to eradicating gender inequalities both at work bility to protect their employees’ safety. Around 60 companies and in society as a whole. For example, low pay and the gender have signed up to the Domestic Abuse Responsibility Pledge, pay gap impact on women’s lack of financial independence, which has been promoted by the Government and the Corpo- and in some Member States women’s continued dependency rate Alliance Against Domestic Violence. These findings are on social security affects their potential to be financially inde- not very encouraging in terms of the number of companies pendent and to have the resources to leave violence/controlling that are active. relationships. Italian unions are giving a great deal of attention to integrating and extending new legal rights to include domestic violence leave. Companies, however, are reluctant to agree 3.10 LEARNING AND CHALLENGES FACED BY to provisions that extend what is provided for in the legislation, UNIONS as they see it as an additional cost.

This section has shown important learning about how unions have approached the issue of domestic violence at work, a) The importance of a legal framework on do- pointing to some ground-breaking work initiated by unions in mestic violence at work negotiating agreements and policies, issuing guidance materials, and raising awareness about why domestic violence is For many unions, persuading employers to sign agreements an important workplace and trade union issue. Although this or workplace policies is a significant challenge unless there report has shown that unions in some Member States have is already a legal framework in place requiring them to act made significant inroads in arguing for agreements, policies in preventing domestic violence at work. As a result, several and legislation giving rights to victims of domestic violence at unions have highlighted campaigns for a legal framework as work, there remain many challenges for unions across Europe. being important, as it has been in the UK. In Italy and Spain, having a legal framework has given weight to collective A key challenge is having the time and resources to convince bargaining on this issue. In Denmark, the issue is slightly dif- employers (and in some cases union representatives) of the ferent, as some employers are reluctant to draw up workplace importance of developing and implementing workplace poli- policies and prefer to work with individualised (and often ad cies on domestic violence at work. This is particularly evident hoc) solutions proposed by shop stewards. in mainstreaming domestic violence at work into policies and initiatives on occupational safety and health and on wellbeing at work, at a time when union negotiators are already b) Groups of women workers at risk of domestic hard pressed to defend existing rights and halt the erosion of violence at work collective bargaining. Numerous unions have raised the challenge of heavy workloads and multiple problems that need to Some unions have highlighted the particular risks faced by be addressed in the workplace. some groups of women workers, including migrant workers, who may experience domestic violence. This issue was high- Further issues raised have to do with a lack of resources to lighted in relation to migrant workers who carry out seasonal conduct workplace surveys or to carry out and monitor pilot work in Slovenia, and migrant agricultural and domestic work- projects on domestic violence at work, along with a lack of ers in Italy. In Italy, for example, the 2016 Jobs Act – which evaluation of existing workplace policies and their impact, establishes a range of rights, including the right to domestic which makes it difficult to measure the success or otherwise violence leave – excludes domestic workers, who are par- of policies that have been introduced. The absence of data ticularly at risk of violence. Unions argue that many domestic on domestic violence at work is a further problem identified workers live in the home of their employers, and for this by unions, particularly when they try to persuade employers reason should have the right to access domestic violence sup- and governments to take action. In addition, the economic port services and should be entitled to the domestic violence crisis has made it difficult to keep issues of gender equality leave provisions. The UN Special Rapporteur’s 2012 report and gender-based discrimination on the list of priorities for (Human Rights Council, 2012) noted that migrant women

72 working in domestic/care services in Italy are at risk of exploitation and discrimination by their employers. Many face multiple forms of discrimination and prejudice, in addition to sexual violence and harassment. c) The need for early intervention in the workplace to prevent domestic violence escalating

Important learning highlighted by unions and domestic violence experts is that it is vital to reach out to victims of domestic violence before they leave the workplace, as this is the time when trade unions and employers can play a role in prevention. Typically, a woman will have lost her job by the time she has reached a refuge. d) Dealing with perpetrators of domestic violence in the workplace

Finding solutions to the problem of dealing with perpetrators who may be colleagues or union representatives is raised as an important and challenging issue. Several unions highlighted the need for guidance and training in how to deal with perpetrators in the workplace. e) Recognising the importance of the connection between work and home

Several challenges were raised by unions in the Netherlands and Belgium about the difficulties in persuading employers and unions, as well as workplace safety and health representatives, to discuss the ‘private’ realm of the home, and specifically, how domestic violence affects women at work and how unions and employers can be proactive in preventing domestic violence at work.

73 SECTION 4: CONCLUSIONS AND RECOMMENDATIONS

4.1 CONCLUSIONS

This final section brings together the two themes of gender-based violence and harassment at work and domestic violence at work. Together with third-party violence, they are different manifestations of violence and harassment at work and can therefore be dealt with in an integrated way, for example, in existing agreements and policies on occupational safety and health, gender equality and non-discrimination or in specific agreements dealing exclusively with violence and harassment at work. However, it is principally in the context of workplace safety and health, and wellbeing at work, through an integrated approach to violence and harassment affecting all workers, that the issue is likely to be tackled in the future. The challenge is to ensure that gender-based violence is recognised both as a pervasive form of violence and harassment in the workplace, disproportionately affecting women workers, and as a core issue affecting the working environment and the achievement of gender equality in the workplace.

4.2 SUMMARY OF THE MAIN FINDINGS

The following is a summary of the main findings from the eleven country case studies, together with the discussions at the ETUC’s conference, held in Madrid on 24-25 November 2016.

Legal framework

ÎÎ Union action and bargaining in all of the eleven country case studies is supported by a legal framework on gender-based violence at work. This framework is included in gender equality or non-discrimination laws, and/or in laws on occupational safety and health/wellbeing at work. ÎÎ Gender-based violence at work is generally interpreted as sexual harassment. Although unions argue that a strong legal framework is important, there are different legal approaches across the EU. All eleven countries discussed in this report have implemented Directive 2006/54/EC and often have clauses in labour codes/labour law or legislation on occupational safety and health/wellbeing at work. ÎÎ Legal frameworks on domestic violence at work have been introduced in Spain and Italy, and several national strategies/ action plans on violence against women contain workplace measures and actions directed at unions and employers.

Union actions and collective bargaining

ÎÎ In each of the eleven countries, collective agreements have been signed by unions and employers on violence and harassment at work, including sexual harassment. Collective agreements on domestic violence at work have been signed by unions in Denmark, France, Italy, Spain and the UK. The bargaining structures in each country reflect different levels of bargaining, different legal rights to collective bargaining and different levels of bargaining coverage. ÎÎ The 2007 ‘Framework Agreement on harassment and violence at work’ signed by ETUC, BusinessEurope, CEEP and UEAPME has given an important focus to workplace negotiations. ÎÎ In recent years, sexual harassment has come back onto negotiating agendas, and unions argue that, for the issue to be taken seriously on negotiating agendas, a solid evidence base is crucial. This is also the case with the newer issues of third-party violence and domestic violence at work. Mainstreaming these issues into safety and health and work environment policies is a strategic way to ensure that it is taken seriously in collective bargaining. However, some unions point to the problems of de-gendering and emphasise the importance of raising awareness of sex discrimination, and unequal power and gender relations.

74 ÎÎ Some promising practices by unions that have tackled domestic violence at work are emerging, such as including domestic violence at work in company equality plans and collective agreements in Spain, France, Germany and the UK; supporting women victims of domestic violence and assisting them to find or stay in work in Spain; practical workplace guidance in France, Ireland and the UK; training shop stewards to negotiate workplace policies and support for victims of domestic violence, and holding an annual conference on the issue, in Denmark. ÎÎ Unions in all of the eleven country case studies have carried out campaigns, training and awareness raising. Links and cooperation with women’s organisations have been successfully implemented in most countries, with good practice partnerships established in France, Ireland, Italy, Spain and the UK. Partnerships and links between unions and domestic violence women’s organisations/associations are identified as being particularly crucial in progressing the work on domestic violence at work.

Challenges faced by unions

ÎÎ Persistent and negative gender stereotypes of women, sexism and patriarchal cultures in trade unions and across European societies are major barriers to getting the issue taken seriously in some unions and some sectors. A culture of unequal gender roles and relations, and gender stereotypes, is perpetuated by continuing gender inequalities at work, in society and in the family. ÎÎ Raising awareness about gender-based violence at work remains a challenge, as it is a hidden workplace issue: workers fear retaliation if they report cases, and there is still a low level of understanding of the causes of sexual harassment and other forms of violence against women. ÎÎ The economic crisis has made it difficult to get gender-based violence onto bargaining agendas – and at the same time, unions in several countries identified an increase in the incidence of harassment and violence since the crisis began. ÎÎ Changes in work organisation and the growth of casual and precarious work have increased the risk of violence and harassment at work, predominantly in female-dominated sectors. ÎÎ Reduced levels of funding for public services, and lower staffing levels, for example in health, have led to rising levels of violence and harassment at work, including third-party violence. ÎÎ The economic crisis and consequent austerity measures have led to reductions in funding for core services, such as specialist domestic violence support. ÎÎ The structure of bargaining impacts on how unions negotiate on this issue. Unions noted the trend to decentralised bargaining and the importance of framework agreements in setting out principles, definitions and procedures in relation to gender-based violence. Some unions point to the importance of workplace-level agreements in setting out more detailed codes of practice and introducing workplace procedures to prevent and tackle sexual harassment. ÎÎ Some trade unions point to the need for workplace measures to take account of multiple and intersecting forms of discrimination, and the risks faced by women working in precarious jobs. ÎÎ Having women in senior and negotiating roles is important in getting gender-based violence onto collective bargaining agendas, and concrete examples of this can be found in male-dominated sectors e.g. in Slovenia and Italy.

The Istanbul Convention, and the potential for a strong EU legal framework on gender-based violence, are viewed as being of crucial importance in developing a coordinated, integrated approach to tackling violence against women, and seeing how this can be further elaborated in the workplace. Unions also spoke of the importance of lobbying for an ILO Convention on violence against women and men at work, and of ensuring that there is a strong focus on gender-based violence at work.

Trade union action to challenge gender-based violence at work recognises that women are disproportionately affected by violence because of unequal gender roles and relations which impact on their security and safety at work, in public spaces and in the family. This report has given substantial evidence of trade unions campaigns, actions and negotiations to prevent and tackle violence and harassment at work, with a particular focus on gender-based violence at work. As it has argued, a strong gender focus needs to be given to sustaining workplace measures on violence and harassment at work, and, in particular, to demonstrating how inequality, discrimination and unequal power relations impact on the risk to women of violence and harassment in the workplace.

This report has also shown that in recent years there has been a renewed interest in tackling the issue of gender-based violence. Some unions argue that this new interest arises because sexual harassment never went away, although it had slipped off union agendas. Other recent dynamics are also at play. They include the growing incidence of violence and harassment, and particularly sexual harassment at work; the visibility of new workplace issues, such as the rise in third-party violence linked to government-imposed austerity measures in the public sector; the growing incidence of domestic violence at work and the associated costs for employers; and the negative impact of changing work organisation, precarious working conditions and casualisation, which add vulnerability, stress and pressure and have led to new risks of violence and harassment at work. These developments, along with new survey data, confirm that gender-based violence and harassment remain a significant

75 and growing problem. In addition, the increasing participation of women in the labour market, including in non-traditional occupations, has lent new urgency to the need to tackle gender-based violence as a workplace issue. Transport-sector unions in Italy, Bulgaria and the Netherlands spoke of the growing numbers of women working as bus and train drivers and conductors in recent years, and how this has shifted the focus of union activity in response to growing levels of third-party violence and harassment directed against women. Unions representing workers in front-line services in the health-care, transport and other service sectors also note the importance of developing strong legal frameworks on third-party violence.

Increasingly, the focus given by trade unions to a range of ‘world of work’ issues recognises that violence can take place away from the traditional workplace, such as during travel to or from work, or relating to the spill-over of domestic violence in the workplace. In this context, the workplace is not isolated from or separated from the family and wider society. As a result, it is helpful to view the workplace as playing a role that is part of a wider societal commitment to tackling violence across all institutional settings, in the family, in the community and in public spaces. The Istanbul Convention reflects this interconnected approach and signals the potential for a wide range of actors, which can include the social partners, playing a role in eradicating violence against women. Connecting the worlds of work and home is most clearly evident in workplace measures designed to prevent domestic violence at work.

The ETUC ‘Safe at Home, Safe at Work’ project comes at a time of considerable interest in violence and harassment both in Europe and globally. The ratification of the Istanbul Convention by individual EU Member States and by the EU itself has led to a discussion about a new EU legal standard on violence against women and a discussion about the role of the workplace. The ILO’s Tripartite Meeting of Experts on Violence against Women and Men in the World of Work, held in Geneva on 3-6 October 2016, confirmed the important role that the social partners can play in preventing and tackling the consequences of violence and harassment in the workplace. There is potential for a broad approach that would include both domestic violence at work and the need for a strong focus on gender-based violence in a new ILO global standard on violence against women and men in the world of work, to be discussed at the International Labour Conference in 2018, which will set standards for government, employer, company and union action.

A key message coming from national and European unions interviewed in this report is that social dialogue and effective systems for collective bargaining are crucial to ensuring that violence and harassment are addressed at sectoral and workplace level. The report also confirms that collective bargaining, although under attack, remains the most important tool used by trade unions for preventing and combating violence and sexual harassment at work, third-party harassment, and the effects of domestic violence at work. Unions also note that collective bargaining can be considerably strengthened when legislation sets out clear obligations on governments, employers and unions.

Additional problems and challenges identified by unions include a concern that, as gender-based violence is mainstreamed into health and safety initiatives, this could lead to a process of de-gendering and a lack of attention to emerging issues such as the impact of domestic violence at work. Often the issue is dealt with gender-neutrally, under the headings of ‘mobbing’, ‘harassment’ or ‘moral harassment’.

Although it is helpful to include sexual harassment and other forms of violence against women in an integrated framework agreement on violence and harassment at work, as is the case with the 2007 European Social Partners’ Framework Agreement, there is sometimes confusion about the two main approaches: the ‘discrimination approach’ targeting women or other other equality groups and the ‘dignity harm approach’ targeting all workers. On the one hand, the dignity harm approach can help a complainant by making sexual harassment less stigmatising; on the other hand, it can result in women’s structural inequalities and violence against women being invisible, and a reluctance in society at large to acknowledge sexual harassment as sex discrimination (Numhauser-Henning & Laulom, 2011).

The continuing low visibility of the problem is exacerbated by low awareness, amongst trade unions and employers, of violence as a gender equality issue, by the lack of priority given to the issue amid other competing priorities, and the lack of training on the issue, all of which may reduce the effectiveness of joint health and safety committees in their work on prevention and risk assessments. Serious concerns have also been expressed by unions and the ETUI about the European Commission’s backtracking on a regulatory framework on safety and health at work, particularly as it affects psychosocial risks. This is of particular concern as the labour market becomes more fragmented through changing work organisation and working patterns. In particular, psychosocial risks of violence – resulting from growing work pressures and stress, changes in work organisation, surveillance and harassment by employers in the technology and digital sectors, long and unpredictable working hours in some sectors and the casualisation of work, etc. Particularly affected are those whose working conditions are precarious, many of whom are women. In particular, working conditions can play a significant role in creating a climate conducive to violence and harassment in the workplace, and unions point to the need to address the negative impact of the economic crisis, the casualisation of work, high work intensity, stress, poor management and poor work-life balance faced by many workers today.

76 4.2 RECOMMENDATIONS

It is very important that we define what sexual harassment is, and be clear that“ it is an issue about violence against women and girls, and based on power inequalities. We need to do something more radical and discuss sex and power relations.” (Scarlet Harris, TUC Equality Officer)

There is a wide consensus amongst the unions participating in the ETUC’s ‘Safe at Home, Safe at Work’ project that trade unions should be pioneers in introducing new initiatives (and reinforcing existing ones) to combat gender-based violence at work, including domestic violence at work, by drawing up policies, procedures and systems of support that workers trust. Many unions argue that there is a need to rethink union approaches to addressing gender inequalities by looking more closely at unequal gender roles and relations at both individual and institutional levels. This requires a commitment to changing mind sets and to addressing issues such as unconscious bias and institutional forms of gender discrimination, as well as structural inequalities in society and the workplace. A clear message from many women in European trade unions is that a culture of discrimination and inequality at work cannot be separated from patriarchy and unequal gender relations in society, in the community and in the family.

The recommendations that follow are drawn from interviews at the national level and discussions held at the ETUC’s Madrid conference, 24-25 November 2016.

A) RECOMMENDATIONS FOR UNIONS AT THE NATIONAL LEVEL

1. Lobby for a strong legal framework

We need a strong legal framework that guarantees the right for all women to“ work in an environment that guarantees their equality and safety – we need international standards set out in an ILO convention, and we need to urge the European Council to implement a strong legal framework.” (Gloria Mills, Chair of the ETUC Women’s Committee)

For many unions, a starting point is to have a good legal framework within which to tackle the issue of gender-based violence at work, as this will provide a foundation for collective bargaining and ensure that gender-based violence at work is integrated into collective bargaining. The legal framework should make reference to prevention and to procedures for tackling sexual harassment, third-party violence and domestic violence at work, as well as to rights of victims to access paid leave and support services.

An important recommendation is to ensure that the law protects workers against third-party sexual harassment. This is particularly important for women working in front-line services such as transport, health and social care or in shops, hotels, bars or restaurants.

Legal rights should also be introduced for victims of domestic violence in the workplace, including the right to paid leave and support, together with other workplace measures and obligations on employers to prevent and tackle this form of violence.

The introduction of these rights should also mean placing a duty on employers to introduce sectoral and workplace measures in consultation with unions, which include setting out prevention measures, effective procedures for dealing with complaints, addressing sanctions for perpetrators, providing information to ensure that workers understand policies and procedures, and supporting victims of violence and harassment at work.

An ILO Convention and an EU legal framework on the issue of gender-based violence, with a strong focus on the workplace, can also be a way to ensure that governments commit to a strong legal framework at the national and European levels, giving visibility to and a role for collective bargaining in preventing and tackling gender-based violence at work.

77 Allied to this, the labour inspection process can in the future play an important role in monitoring and tackling gender-based violence at work – a task in which it could be supported by jointly agreed union-employer guidance and the training of labour inspectors on how to identify gender-based violence as a psychosocial risk at work.

2. Ratify and fully implement the Istanbul Convention

More pressure needs to be put on governments to provide adequately resourced, integrated and coordinated domestic violence services, with a strong focus on prevention. This means ratifying and fully implementing the Istanbul Convention, and teasing out the workplace implications of the preventive actions set out in the Convention.

3. Address violence and harassment as a form of gender discrimination

Gender-based violence in the workplace needs to be tackled in the broad context of all forms of violence against women, as a way of promoting a change in culture. In modelling good practice, the workplace can play a positive role by setting acceptable standards of behaviour and respect for women, with a spill-over effect in the community and in the family.

A crucial issue is that unions and employers need to understand that gender-based violence, in all of the forms that it takes in the workplace, is a form of gender discrimination, which requires a focus on tackling structural gender inequalities. A reduction in gender inequalities and gender segregation will reduce the risks of violence against women.

The media has a major influence in society, and can be a key partner with unions in challenging harmful stereotypes about gender-based violence, engaging in public and media campaigns to end gender-based violence at work and in public places, and ensuring that these campaigns reach the police, the judiciary and other public institutions.

Unions across Europe recommend a systematic, ongoing campaign of awareness raising, so that male workers and trade unionists, and employers, understand the gendered nature of violence against women. This is particularly important in ensuring that sexual harassment and domestic violence at work are included in agreements on violence and harassment at work, in company-level bargaining and workplace policies.

In the broader context, a key role for unions is to continue advocating for women to have access to good quality work and equal pay for work of equal value. It is crucial for unions reinforce gender mainstreaming and address discrimination across multiple grounds using an intersectional approach.

4. Promote collective bargaining as an effective and sustainable way to reduce violence and harassment at work

Unions and the government have a role in persuading employers to strengthen collective bargaining, particularly in the private sector, where some employers are resistant to concluding agreements.

Unions should examine and draw on the language in model clauses and good practice agreements discussed in this report as a way of ensuring that agreements are comprehensive. For example, CBAs should specify employer obligations to provide training for management and workers, and information for workers about the rules and procedures established at company and workplace levels.

All company initiatives, policies and procedures should be carried out with the consultation and involvement of unions.

Employers and unions involved in negotiations need to be trained in how to tackle gender-based violence at work, and particularly in how to draw up and implement procedures for preventing violence, making complaints and addressing the consequences of violence and harassment at work.

Through collective bargaining, unions can also address the connection between rising levels of violence and harassment at work and working conditions, weakened labour rights, and the increasing casualisation of work. This also means that they need to address the likely impact of psychosocial risks of violence and harassment arising from growing work pressures and stress, changes in work organisation, etc. and to argue that there are economic and social costs associated with these developments.

78 Trade Unions have played a vital role in developing both strategic and workplace“ policy. The role of the trade union representative is vital in the context of the workplace, and trade unions have an important part to play in terms of working with employers to negotiate, develop and implement workplace policies to protect the rights of victims of domestic violence.” (Clare Moore, Irish Congress of Trade Unions, Northern Ireland, speaking at the ETUC’s Madrid Conference, 25 November 2016)

5. Engage in strategic litigation and have recourse to legal rights

Some unions, for example in Denmark and the UK, recommend that unions should play a key role by engaging in strategic litigation with employers who do not provide a safe an environment in which workers are protected against sexual harassment. Italian and Spanish unions recommend that more attention should be given to educating judges about gender-based violence at work, while French unions underline the need to elaborate on the legal obligations of employers.

A consistent recommendation is that unions should do more to raise awareness and provide information amongst workers in order to encourage a higher rate of reporting of cases of violence and harassment. This is seen as being crucial for raising the visibility of violence against women in the workplace and making workers more aware of the gravity of the issue, which in turn will help to ensure that women have access to legal advice and support in tacking cases through the courts.

6. Training and awareness raising for union representatives, managers and supervisors

Managers and supervisors need more training on how to identify, prevent and eliminate sexual harassment, in particular to ensure greater emphasis on primary prevention: reacting quickly is an important part of primary prevention, as it will stop a problem before it gets any worse.

For support persons and advisors, the ‘person of confidence/trust’, occupational doctors and workplace health and safety representatives, provide training in the workplace about preventing and tackling sexual harassment, third-party violence and domestic violence at work.

Consider implementing national and workplace programmes for women’s advocates, who are trade union representatives specially designated and trained to provide support for victims of gender-based violence at work.

Innovative training methods should be used for raising awareness about the impact of violence, linking workplace and domestic violence to workers’ health and economic consequences for companies. It is important for gender-based violence at work to be identified as a core workplace health and safety risk.

In relation to training on domestic violence at work, account needs to be taken of the way in which domestic violence differs from other forms of violence and harassment at work. Good practice approaches suggest the need to:

ÎÎ Take account of the abuses – including physical, psychological, financial and other forms of coercive control – that frequently spill-over into the workplace, and aim to counter stereotypes of victims of domestic violence, in particular cultural and racial stereotypes. ÎÎ Consider indicators for identifying the signs of domestic violence, such as frequent changes in jobs and work locations, not attending social events, being isolated in the workplace, or high levels of sick leave and absence from work. ÎÎ Develop guidance and skills about effective communication, notably to include non-judgemental and empathetic responses, and how to listen and sensitively respond to the needs of victims of domestic violence in the workplace. Training will also be important for giving knowledge of when to intervene, when to stand back and who a victim can be referred to for specialist services. ÎÎ Include the social and economic benefits of preventing and tackling domestic violence in the workplace, as a way to persuade employers that it is in their interest to draw up and implement workplace policies and agreements.

Integrate domestic violence at work into procedures and training for police, prosecutors, the judiciary and other public officials with responsibility for domestic violence services, and ensure that future training covers the role of the workplace and how trade unions and employers can become partners in future initiatives. This is particularly important in building better awareness about domestic violence amongst the police and judiciary.

79 Training and awareness raising need to play a role in changing gender culture and engaging men and women at all levels of trade unions to act as champions, particularly in male-dominated sectors. This should lead to an awareness of the causes of violence and harassment and an understanding of why this is a gender equality issue.

It is important to train men to talk to other men about gender-based violence, including domestic violence, so that they can have conversations together about the issue. This also means ensuring that unions understand that a perpetrator at home may be a harasser at work.

7. Ensure that women are in senior and negotiating positions

Having women in union decision-making, leadership and negotiating positions needs to be made a priority, as this can help to ensure that gender-based violence at work is prioritised and championed by union leaders and brought to the forefront of union strategies.

8. Draw up guidelines for shop stewards and union representatives

Draw up specific guidelines on the role that trade union representatives, including shop stewards and health and safety representatives, can play, so that they can effectively respond to a person in a vulnerable situation. This could include guidelines on how to communicate with a woman to empower and enable her to make decisions for herself and to negotiate practical support with the employer. Include in this the vulnerabilities that may be faced by particular groups of workers, for example, pregnant women, women with disabilities, black and minority ethnic women.

Guidelines should cover how to negotiate policies and provide workplace support in the following areas: ÎÎ Gender-based violence by managers, supervisors and co-workers ÎÎ Third-party violence ÎÎ Domestic violence at work ÎÎ Integrating gender-based violence into occupational health and safety measures ÎÎ Dealing with perpetrators of violence and harassment in the workplace, including in cases of domestic violence at work and where the perpetrator and victim work in the same place.

9. Address gender-based violence as a core occupational safety and health issue

More attention needs to be given to gender-based violence in occupational safety and health risk assessments, including training and guidance for workplace safety and health representatives, and this needs to be prioritised in workplace safety and health committees.

In addition, a gender lens/gender mainstreaming framework should be used when drawing up occupational safety and health workplace policies and initiatives, to ensure that they prioritise sexual harassment, third-party violence and domestic violence at work as key workplace problems.

10. Learn from good practices

Exchanging (national and cross-national) good practice is recommended as being very important in sharing and learning from different approaches taken by unions and what works well. Unions have found that it is very useful to model good practice and to demonstrate the benefits of good workplace policies.

Unions are encouraged to evaluate and monitor agreements, protocols and workplace policies regularly. This should include documenting good practice agreements and policies in the workplace, in order to share learning and raise awareness at the national and European levels.

Union confederations are encouraged to evaluate existing agreements and policies and to identify particular national good practices which could serve as credible, convincing models for negotiations with companies.

This work could be further developed through union-to-union sharing of information and resources and joint union seminars. This would be particularly relevant for unions that are new to the issue of domestic violence at work, where model agreements

80 could be piloted in company and workplace negotiations and agreements, possibly in partnership with a union or unions in countries that have experience of developing workplace policies in this area.

Several unions highlighted the critical importance of having access to national and European sources of funding to enable trade unions and NGOs to carry out joint projects, pilots and workplace initiatives to prevent gender-based violence at work, including domestic violence at work.

Unions that have already been involved in signing and implementing agreements and workplace policies should seek resources to review and evaluate the effectiveness and take-up of existing workplace policies regularly, and to disseminate what they have learned from their implementation, and what works.

The social partners should be encouraged to include monitoring mechanisms in the terms of CBAs, so that they can jointly monitor their progress in achieving the aims and objectives set out in these agreements, which could also inform both updates and new agreements.

We should include specific procedures, and obligations on employers and unions“ to solve this issue, written into CBAs. This is the first step. The second step is to have a national survey on sexual harassment at the workplace. We absolutely need to have some statistics and results we can build on. You also have to prepare people and have debates about sexual harassment – not only mobbing, but also sexual harassment.” (Metka Roksandić, Women’s Lobby Slovenia)

11. Integrate the prevention of domestic violence at work into existing frameworks and institutional mechanisms

Argue for adaptations to be made to existing well-established leave schemes in areas such education, sickness, parental leave and the reconciliation of work and family life. These could be used as a basis for negotiations for leave schemes for victims of domestic violence in national and workplace CBAs.

In particular, this could include making links between union work on work-life balance and domestic violence at work, by integrating the right to leave and flexible working for victims of gender-based violence at work into existing flexible working hours schemes, including time banking or time account schemes, to enable victims of domestic violence to take flexible leave from the labour market. This could be of great benefit for women victims of domestic violence, by permitting them to take temporary leave, for example for court visits, health checks or psychological or other forms of support.

Employers could be persuaded to give women victims of domestic violence additional time credits for this purpose. Italian unions, for example, have recommended that the principle of lending hours/leave to people in need – going further than a time bank by enabling workers to borrow time from others – can be applied in situations where women victims of violence need time-off from work.

Information about ways to support victims of domestic violence at work should be introduced through existing workplace support measures, for example, through occupational health doctors and workplace advocates/support persons, etc., taking into account the need for dedicated training and guidance on the particular issues and vulnerabilities faced by victims of domestic violence.

Legal obligations on employers to prevent and tackle absenteeism from work could also include indicators for preventing domestic violence at work, on the basis that it is a risk factor leading to absence from work.

It is important to ensure that domestic violence at work is integrated into union and workplace policies and strategies on gender equality, with an emphasis on ensuring that women have the possibility to achieve financial independence, including through access to individualised social security benefits.

81 12. Participate in national campaigns

Unions should work together with stakeholders (governments, employers, women’s organisations and NGOs) at the national level to raise awareness and jointly carry out campaigns to raise awareness of gender-based violence at work, to encourage reporting and to promote a shared partnership approach to addressing violence against women.

13. Ensure workers who have been victims of gender-based violence at work have access to support services

There needs to be structured, multi-professional help for victims of gender-based violence at work, including confidential advice and psychological support to help them deal with the harm cause by violence and harassment.

Unions have an important role to play in challenging cuts in front-line services for victims of domestic violence, promoting good quality social care and support for women and increased resources to encourage the inclusion in the workplace of female victims of gender-based violence.

14. Promote partnerships between unions and NGOs, as well as multi-stakeholder initiatives and collaboration

Promote the establishment of inter-agency working groups, and ensure that workplace issues are included in their remit.

Dialogue between relevant stakeholders – trade unions, employers, public authorities, civil society and NGOs – can play an important role in building effective policies and strategies to eliminate violence and harassment at work.

Consider ways to foster collaboration and partnerships, between trade union training providers and domestic violence organisations, in inter-agency training provision.

Further develop and/or continue cooperation with women’s domestic violence organisations and shelters, and draw up agreements with them as a way of promoting discussion about workplace issues and keeping women in work.

15. Improve access to comparable data on sexual harassment and other forms of violence against women at work

More data is needed on the extent of sexual harassment at work. Recommendations are made for a European survey on gender-based violence, which could be modelled on the EU-FRA survey on violence against women, and for the issue to be further elaborated under future Eurofound surveys on working conditions.

Consider replicating the TUC’s surveys on sexual harassment at work and domestic violence at work in other countries/sectors.

Examine whether the ETF survey could be adapted to other sectors covered by European Trade Union Federations.

B) RECOMMENDATIONS FOR THE ETUC AND EUROPEAN-LEVEL ORGANISATIONS

1. Recommendations for the ETUC

ÎÎ Ensure that violence against women is a high and continuing priority in the work and policy of the ETUC and affiliates. Using the evidence and recommendations from this report, and through the work of the ETUC’s Women’s Committee, the Collective Bargaining Committee and the Health and Safety Committee, establish European and national objectives on how to address gender-based violence and harassment at work.

ÎÎ The ETUC, in partnership with other European NGOs, should seek further European and/or national funding to carry out a European and national awareness-raising campaign on ending gender-based violence at work.

82 ÎÎ Draw up an ETUC best practice guide, including model workplace agreements, for affiliates to disseminate to union representatives, safety and health representatives, and collective bargaining teams, in order to support bargaining efforts to prevent and eliminate gender-based violence at work, including third-party violence and domestic violence at work.

ÎÎ The ETUC Women’s Committee should continue to press the European Commission to include domestic violence at work in future EU guidance, policy, strategies and campaigns, including future seminars on mutual learning on gender equality.

ÎÎ The ETUC should disseminate information about the ITUC ‘No to gender-based violence at work’ campaign. The ETUC can play an important role in keeping affiliates informed of developments in the ILO and supporting their efforts to lobby governments and employers’ organisations prior to the International Labour Conference in 2018.

ÎÎ A great deal more work needs to be done at the European and international levels on drafting law, policy and guidance on domestic violence at work. This is particularly important in elaborating on the provisions contained in the Istanbul Conven- tion and CEDAW, and in providing guidance on how the workplace can be an important area for early intervention and the prevention of domestic violence.

ÎÎ In progressing its work on domestic violence at work, the ETUC Women’s Committee should consider applying for further Commission funding for a new project on this issue, which would go deeper by evaluating the effectiveness of existing agreements and workplace policies and collecting European data through an online survey. This could also provide an opportunity for the ETUC to issue detailed guidelines for union negotiators and model workplace policies and agreements. A selection of unions could pilot the guidelines and, through this, be supported to introduce agreements or workplace policies. European seminars could also be held to disseminate promising practices further and to inform trade unionists across Europe about domestic violence at work.

ÎÎ Include preventing and tackling violence against women as an issue in ETUI training programmes, and prepare training materials, including a ‘training the trainers’ guide, which can be disseminated amongst affiliates. The ETUI training department should include a programme on domestic violence at work, either as a stand-alone training programme or as part of one on all forms of violence and harassment at work. This should be put on the ETUI’s agenda for future work.

ÎÎ It is important for domestic violence at work also to be considered for inclusion as a priority topic in the ETUI’s work on safety and health and in relation to future research priorities.

ÎÎ The ETUC and the ETUI should jointly request EU-OSHA to introduce a programme of work, including a European seminar and the production of good practice guidelines, on how occupational safety and health programmes and risk assessments can address domestic violence at work.

ÎÎ The ETUC and ETUI should discuss with the trade union members of Eurofound’s Advisory Committee the recommendation for a new Eurofound programme to carry out research on good practices in social partners’ actions to prevent and tackle domestic violence at work.

2. Recommendations for European Trade Union Federations

ÎÎ All European Federations should consider ways in which they can raise the issue of gender-based violence at work in European social dialogue discussions, so that it features in agreements, joint statements, joint training or joint research.

ÎÎ EPSU is in a good position to begin incorporating specific measures on the prevention of domestic violence at work into existing work and guidelines on third-party violence in the public services (health, local government, central government). It is also recommended that, because much good practice exists within the public sector on policies and initiatives on domestic violence at work, EPSU should consider developing a specific project on best practice approaches to domestic violence at work, including guidelines for the public services.

ÎÎ ETF’s work on violence against women, including the development of a new training module, should ensure that domestic violence at work is included as an aspect of workplace violence and harassment.

ÎÎ Disseminate the findings of the ETF survey on gender-based violence at work in the transport sector, and examine how the survey can be adapted and used in other sectors. ÎÎ Drawing on UNI’s global ‘breaking the circle’ campaign, UNI Europa should consider developing a specific European social dialogue project on domestic violence at work, including the collection of best practices on the prevention of domestic violence at work in the sectors covered by UNI Europa.

83 3. Recommendations for EU institutions

European Commission:

ÎÎ Implement the Istanbul Convention using the EU’s most robust legal and institutional framework possible, and put in place effective monitoring of the Convention. In monitoring how Member States have implemented the Convention, include a focus on the workplace, particularly with regard to prevention measures.

ÎÎ The European Commission is urged to develop a common legal standard on gender-based violence at work and to include it in a Framework Directive to reinforce the implementation and monitoring of the Istanbul Convention. An European directive is an opportunity to build on and further clarify the role of prevention and other related provisions in the Convention, and to show how they can be applicable to the workplace. This will be particularly important in reinforcing the EU’s existing legal framework on gender discrimination and applying it to the prevention of domestic violence in the workplace.

ÎÎ In addition, the European Commission is in a strong position to elaborate on how existing policies on gender equality at work are relevant to domestic violence at work, for example, in the area of flexible working hours and work-life balance.

ÎÎ In the context of the implementation of European Protection Orders, it will be important for the Commission to give guidance on their applicability in the workplace, and for employers’ responsibilities to be clarified. This could be one of several ways in which the Commission can give a greater focus to domestic violence at work.

ÎÎ In further developing its data on violence against women, Eurostat is encouraged to examine the feasibility of collecting relevant data on gender-based violence at work, including domestic violence at work (such as numbers of victims at work, effects on work performance and retention, companies with existing policies, etc.).

European Institute for Gender Equality:

ÎÎ The European Institute for Gender Equality should include in its remit the identification of good practices and data collection on domestic violence at work. This could constitute a valuable resource for sharing and disseminating learning about practical workplace initiatives to develop social partner agreements and workplace policies. ÎÎ In partnership with trade unions and employers, the Institute for Gender Equality is also encouraged to draw up a policy and best practice guidance on workplace policies and practical initiatives.

European Agency for Safety & Health at Work (EU-OSHA):

ÎÎ Build on EU-OSHA’s work on gender mainstreaming in occupational safety and health and further develop a gender focus in addressing psychosocial risks relating to violence and harassment at work.

ÎÎ Introduce a new work programme on domestic violence at work with the aim of raising awareness. This could take the form of a European seminar, briefing documents and workplace guidelines for safety and health committees.

Eurofound:

ÎÎ Eurofound is encouraged to elaborate the working conditions survey further, to include in the future a series of questions about domestic violence at work.

ÎÎ Further analysis of the sixth Working Conditions Survey and a new project to collect company and social partner examples of gender-based violence at work is recommended – taking into account the dimensions of gender-based violence and harassment in the workplace, third-party violence and domestic violence at work.

84 APPENDIX 1: LEGAL FRAMEWORK ON GENDER-BASED VIOLENCE AT WORK

This appendix covers the legal framework on gender-based violence from the eleven country case studies in relation to: a) the legal framework on violence and harassment at work and b) the legal framework on domestic violence and domestic violence at work.

A) LEGAL FRAMEWORK ON VIOLENCE AND HARASSMENT AT WORK

Belgium The Act on Wellbeing at Work of 28 February 2014 (supplementing the Law of 4 August 1996) addresses violence, harassment and sexual harassment at work. A wide definition is given to the factors that can cause stress and harassment at work, including working conditions and the organisation of work. The Law of 28 March 2014 amended the Judicial Code and the Royal Decree of 10 April 2014 accordingly. A feature of the Belgium law is that cases of sexual harassment and harassment based on discrimination have to be referred directly to the Wellbeing at Work Act. Article 7 of the Gender Act was amended accordingly so that complaints of harassment or sexual harassment must rely exclusively on the Wellbeing at Work Act. The 2014 Act specifies that harassment, sexual harassment and violence at work may be relating to criteria referred to in the three anti-discrimination Acts of 10 May 2007.

Bulgaria The law on Protection against Discrimination of 2004 prohibits all forms of discrimination, including sexual harassment. The Labour Code on occupational safety and health refers to a safe and dignified working environment and the employer is required to comply with these provisions in the workplace through the establishment of safety and health committees with representation of workers, annual training, and monitoring employee’s take up of medical services consequent of workplace risks. The Labour Code does not provide redress mechanisms for victims of sexual harassment, who are reliant on the Criminal Code (Article 150). The Civil Procedure Code and Criminal Procedure Code provide protection for victims of violence where there are threats of violence, coercion or abuse of power; however, there are no provisions specific to protection of victims of violence in the workplace. In 2013, the unions in the education and health sectors achieved a commitment from the government to amend Article 133 of the Criminal Code to outlaw violence against teachers and health professionals.

Denmark The 2010 Working Environment Act provide for the protection of employees and a safe and healthy working environment. Section 9 of the Act states that the performance of work must ensure that the work does not result in a risk of physical or psychological health as a result of bullying, including sexual harassment. Changes to the legislation were adopted on 22 January 2015 to include harassment, both physical and virtual, and other work-related situations that can occur in an employee’s spare time; meaning that employers are responsible for their employees’ working environment, even when the employee is not actually working. The Equal Treatment Act contains provision to ensure that men and women in the working population are not discriminated against. The Act covers every employer, authority and organisation in public administration and public enterprises; and authorities and organisations and all persons who supply goods and services to the public in both the public and private sectors, including public bodies. The employer is responsible for harassment and sexual harassment by managers and fellow workers if the employer has not taken reasonable steps to avoid or stop the harassment.

France Gender-based violence and sexual harassment are prohibited under French Labour Law and criminal law, and violence is prohibited in several Articles in Penal Law, where the employer has the responsibility to protect workers against any risk to their health and integrity. In August 2012, the legal definition of sexual harassment in penal, labour and civil servants law was redefined making Labour and Penal law complementary. Since August 2015, French Labour Law has protected employees against any sort of sexist behaviour at the workplace and prohibits any form of sexist behaviour creating an intimidating (…) working environment. The law does not foresee sanctions, but these can be set by the employer in internal rules. Employers have the obligation to guarantee safety and security at work, evaluate risks and undertake any measures necessary to guarantee the security and to protect workers’ physical and psychological health. The employer is obliged by law to prevent the risks of sexual, sexist and moral harassment/mobbing, introduced under an amendment to the Labour Code in 2008.

85 Germany The General Act of Equal Treatment of the 14th of August 2016 applies to the private and public sectors. It gives protection against sexual violence and harassment and obliges employers to prevent and protect victims against sexual violence/harassment. Each Land (state) has adopted a regional Gender Equality Act prohibiting sexual harassment in the public sector. In addition, German Penal Law gives protection, in any kind of situation and under certain conditions, against (sexual) violence and sexual assault. Labour law provides for the ‘general’ obligation to protect employees against any foreseeable risk and danger and to create and maintain a safe workplace.

Ireland The Employment Equality Acts 1998-2011 are the main legal frameworks on harassment and sexual harassment at work. Section 4 of the Act on Safety, Health and Welfare at Work Act 2005 states that ‘Employers should adopt, implement and monitor a comprehensive, effective and accessible policy on bullying at work’ and employers are required to identify risks and preventive measures relating to bullying.

Italy Relevant legal provisions on gender-based violence at work include Legislative Decree No. 198/2006 ( ‘Code of Equal Opportunities between Men and Women’), Law 183 of 2010 on gender equality and women’s employment, and legislation introduced in 2013 imposing stricter penalties for perpetrators of domestic abuse, sexual violence, and stalking. Under the Code, Equality Advisers can assist victims of discrimination and act on their behalf. In some cases, prevention of sexual harassment is directed to National/Local Observatories or to Joint Equal Opportunities Commissions at national or local level. In addition to equality legislation, other provisions relating to harassment and sexual harassment exist in criminal law and labour law. Protection of workers against mobbing, harassment and violence are provided for under the Civil Code outlining general responsibilities of the employer with respect to the protection of workers’ health. Harassment in relation to other grounds of discrimination (race/ethnic origin, religion, belief, disability, age or sexual orientation as regards employment and occupation) is set out in Decrees no. 215 and 216 of 2003 and Act no. 67/2006.

Netherlands The 1980 Equal Treatment Act (ETA) for Men and Women and the 1994 General Equal Treatment Act (GETA) cover non-discrimination and harassment at work. In 2007, following the inclusion of the prohibition of sexual harassment in the ETA and GETA, the Working Conditions Act was amended and sexual harassment was no longer defined in this Act. The amended Working Conditions Act put an obligation on employers in general terms to prevent or limit harmful psychosocial conditions (which can also cover sexual harassment, mobbing and discriminatory harassment). The Act states that the employer shall implement a policy aimed at preventing employment-related psychosocial workload, or limiting it if prevention is not possible, as part of the general working conditions policy (Article 3(2)). Employment-related psychosocial workload is described as the factors direct or indirect, including sexual intimidation, aggression and violence, bullying, and work pressure, in the employment situation that cause stress (Article 1(3)(e)). Employers are obliged to draft annual risk assessment reports and develop measures to prevent risks. Sexual harassment is considered to be a health and safety risk and has to be addressed in these reports. The labour inspectorate is tasked to supervise this process.

Slovenia The Act Implementing the Principle of Equal Treatment (2004), replaced by The Protection against Discrimination Act (2016), the Employment Relationship Act (of 2002, amended in 2007 and 2013) and Civil Servants Act (2005, 2007) are the main legal measures that address violence and harassment, including sexual harassment at work. The amended Employment Relationship Act (ERA-1), adopted in 2013, introduced wider provisions and requirements on employers to prevent and systematically address harassment and sexual harassment. The Act refers to the violation of the dignity of a person and specifically to sexual harassment as any form of undesired verbal, non-verbal or physical action or behaviour of a sexual nature with the effect or purpose of adversely affecting the dignity of a person, especially where this involves the creation of an intimidating, hostile, degrading, humiliating or offensive environment. The employer must provide a working environment where workers are not subjected to sexual and other harassment or bullying on the part of the employer, a superior or co-worker. Sexual and other forms of harassment are deemed to be discriminatory according to the provisions of this Act. Act defines the employers’ liability for damages in the event of violation of the prohibition of discrimination or workplace mobbing and for providing compensation to the candidate or worker under the general rules of civil law in such cases. Workers or their representatives have to be included in the process of adopting such internal rules.

Spain Workplace harassment, including sexual and gender-based harassment, is provided for in the Labour Law. Organic Law 3/2007 of 22 March 2007 regarding gender equality in the workplace expands on the matter of protection against violent acts in the workplace to include measures to impede and tackle sexual and gender-based harassment (Article 46). This law requires businesses to promote working conditions which prevent sexual or gender-based harassment as well as obliging them to put procedures into practice to deal with reports and complaints from victims (Article 48). Businesses are required to provide representation for staff members in case of harassment proceedings. It stipulates that they should negotiate with workers´ representatives and workers´ representatives are required to contribute to the prevention of sexual and gender-based harassment in the workplace through awareness raising among staff members and management (Article 48).

86 UK The Equality Act 2010 is the main legal framework on harassment and gender-based violence at work. An amendment to Section 40 of the Act in 2013 led to the repeal of the provisions in the Act on third-party violence, which means that employers can no longer be held to account if workers are subjected to violence from clients or customers. Furthermore, in 2013 the government introduced fees for cases taken before the courts, resulting in a significant drop in cases before the courts.

B) LEGAL FRAMEWORK ON DOMESTIC VIOLENCE, INCLUDING DOMESTIC VIOLENCE AT WORK

Belgium The 2012 Belgian law concerning protection from domestic violence provides for protection orders and the temporary prohibition of residence in cases of domestic violence. Domestic violence is defined as a criminal offence under Article 410 of the Belgian Criminal Code.

Bulgaria The 2005 Law on Protection against Domestic Violence states that domestic violence is “any act of physical, mental or sexual violence, and any attempted such violence, as well as the forcible restriction of individual freedom and of privacy…” (Article 2). Under Article 5 a range of measures are introduced for the protection against domestic violence including prohibiting the abuser from getting in the vicinity of the home, place of work etc.

Denmark Denmark ratified the Council of Europe Convention on preventing and combating Violence against women and domestic violence (the Istanbul Convention) on 23 April 2014. The 2011 Consolidation Act no 904 sets out the rights of victims of family or partner violence to temporary stay at a shelter, to receive protection and provide support for the women and their children. The law is primarily addressed the municipal level, where shelter and support services are funded and provided.

France The Law 2010-769, of July 9 2010, on Violence Against Women, Violence Between Spouses and the Effects of these Types of Violence on Children, set out new means of protection against violence in familial structures. The Law created a new Title XIV in the Civil Code on “Protection Measures for Victims of Violence”. Under the Labour Law, the employee has the right to abstain from her obligation to work if she has been a victim of gender-based violence. She/he has to inform immediately her/his employer about the factual situation, the danger she is facing for her life and her health and the failure to protect her. As long as the protection is not guaranteed, the employee can abstain from work.

Germany The 2011 Violence Protection Act increased the competencies of the police and judiciary where a victim has a protection order. Sect.1 obliges the perpetrator not to approach the protected person at the place where the victim usually is, which may also include the workplace. No specific obligations exist for employers to protect or support victims of domestic violence at work.

Ireland The Domestic Violence Act 1996 and the Non-Fatal Offences Against the Person Act 1997 are the main legal instruments. The National Strategy on Domestic, Sexual and Gender-based Violence (2016-2021) makes little or no reference to the workplace or to the role played by unions and employers as stakeholders in eliminating gender-based violence.

Italy The criminal law Act no. 38 of 23 April 2009 introduced the new crime of ‘persecutory acts’ (stalking). The 2016 Jobs Act includes three months paid leave for victims of domestic violence with a protection order, which can be taken flexibly over a three-year period. The law aims to provide a single law relating to parenthood and reconciliation of family life. The Act states that employers cannot reject the leave and that the right is granted to woman worker by law. During the three months leave they receive full pay, social security and holiday leave and other compensation provided by the employer, which are based on the same principles established for maternity leave. Employers, in their income statement, can deduct the amount paid from the social security contributions that they have to pay to the relevant social security institution. Workers can change from full- time to part-time work, or take leave on a flexible basis, for example, on a daily or hourly basis, over a period of up to three years. These requests must be negotiated in CBAs and discussed with employers and social partners.

Netherlands The Netherlands ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention) in November 2015. Domestic Violence is not a separate offence under Dutch law, but can be prosecuted under other serious (sexual) offences under the Criminal Code (Article 304). Restraining orders are provided for in civil law.

87 Slovenia Slovenia ratified the Istanbul Convention in December 2014. The main legislation providing for protection and support for victims of domestic violence is the 2008 Family Violence and Protection Act (ZPND), amended in November 2016. The Act set out the basis for the government Resolution on the National Programme for Family Violence Prevention 2009–2014 and provided the basis for the revision to the Criminal Code 2008, which defines family violence for the first time as a criminal offence.

Spain Organic Law 1/2004, of 28 December 2004 on Comprehensive Protection Measures against Gender-based Violence, sets out a range of comprehensive measures aimed at preventing, sanctioning and eradicating domestic violence, including workplace measures that aim to adapt the working situation for victims of domestic violence in areas such as working hours, transfers, and suspension or termination of working relationships (Article 21). Article 1 defines gender-based violence as “…violence which, as a manifestation of discrimination, the unequal situation and the power relations of men over women, is exercised against women by those who are or have been their spouses or those who are or have been connected to them through similar relations of affectivity, even without cohabitation.”

It is worth noting the Catalan law 5/2008 on the right of women to be free from gender violence uses the concept of: ‘violència masclista’ to reflect that the source of violence against women is from men and exerted by men against women. The preamble of the law states that: “it is a violence against women by the mere fact of happening in the context of unequal power relations between women and men”. In this Act, other forms of violence are set out, including physical, psychological or economic violence, sexual harassment, forced mar- riages, sexual assault and female genital mutilation.

UK Domestic violence, as well as stalking and ongoing harassment, are criminalised in legislation in England and Wales. Under the amended Serious Crime Act 2015, the offence of controlling or coercive behaviour in intimate for familial relationships was introduced.

88 APPENDIX 2: NATIONAL SURVEY DATA ON GENDER-BASED VIOLENCE, INCLUDING SEXUAL HARASSMENT AT WORK AND DOMESTIC VIOLENCE AT WORK

This appendix provides national data on gender-based violence from the eleven country case studies in relation to: a) gender-based violence and harassment at work and b) domestic violence at work.

A) SURVEY DATA ON GENDER-BASED VIOLENCE AT WORK

Belgium Between 2004 and 2010, 14% of Flemish employees experienced harassment which largely remained stable during that period. During the same period sexual harassment increased from 2.1% to 3% of employees (The Foundation for Innovation and Work, cited in Numhauser-Henning & Laulom, 2011).

The CSC union of Food and Services (CSC-Alimentation et Services), which organises workers in predominantly female dominated jobs in cleaning, services, catering and home help sectors, has recently launched a large-scale survey to measure the problem of violence and harassment, including sexual harassment, in the workplace. To date there have been 7,500 responses and the results will be released on the 10th Anniversary of ‘Cleaning Day’, on 20 June 2017.

Bulgaria A survey of 177 women by the transport union FTTUB (2010) found that:

 Over half (53.3%) of all cases of violence against women were from passengers, one-third were from a colleague and 16.6% were from a manager.  Acts of aggression included unwanted physical contact, sexual comments, physical violence, physical threats, verbal threats and psychological pressure.  A significant proportion of women working in the urban transport system in Sofia reported having been exposed to bullying and/or harassment at work. A high proportion of respondents indicated that they had been exposed to violence from their colleagues, principally managers, the highest of which was in the bus company.

In the health sector, there are significant problems of workplace violence, including sexual harassment (CITUB, 2003). Patients were most commonly the perpetrators of physical abuse and staff members or manager/supervisors were more typical perpetrators of verbal abuse and harassment; women were more affected by verbal abuse while men and women are almost equally affected by bullying. Although only 2.2% of the respondents said they have been subjected to subjected to sexual harassment in the past 12 months, the authors noted a lack of understanding of the issue and the absence of laws or disciplinary procedures that existed at the time.

Denmark Denmark has one of the highest reported rates of sexual harassment in Europe, with 80% of women responding to the FRA survey stating that they had been sexually harassed at some point in their lives and 37% had experienced sexual harassment in the previous year (FRA, 2014).

A national study found that 4% of Danish women have been subject to unwanted sexual attention in the workplace in the 12 months; 60% stated that had been subjected to sexual harassment from citizens/customers in the course of their work, 21% by a colleague and 15% by a manager. Young women were at a higher risk of sexual harassment than men. Public transport workers followed by social and healthcare assistants experienced the highest level of sexual harassment (National Research Centre for the Working Environment/Det Nationale Forskningscenter for Arbejdsmiljø, 2012). A further study in 2016 found that one in every four women has been subjected to sexual harassment, bullying, violence and/or threats of violence at work in the past year (compared to 16% of men). It is mainly women under 30 years who are at risk, with 10% of women under the age of 30 years were subjected to sexual harassment. In addition, more women than men experience bullying in the workplace and twice as many women as men suffer violence and/or threats on the job (14% of women, compared to 7% of men).

89 Denmark A study by the union run Economic Council of the Labour Movement (Arbejderbevægelsens Erhvervsråd) found that that every fourth woman (and 16% of men) in Denmark has experienced sexual harassment, threats of violence or bullying at work over the past year. 3F and FOA report that 17-20% of their members have been exposed to sexual harassment. A study on third-party sexual harassment was carried out of 3F members in Private Service, Hotel & Catering who have regular contact with the public in 2015 found that one quarter of all employees (24%) suffered from sexual harassment (27% of women and 19% of men), which mostly it affected younger women. Sexual harassment mainly took the form of verbal harassment, followed by inappropriate touching. Only about a quarter of respondents knew of a formal policy for handling sexual harassment at work and nearly one-quarter knew of a trade union representative in their workplace.

One third of nurses in the public sector in Denmark had been exposed to violence or another form of threatening behaviour on the job over the past year (Danish Nurses’ Organisation/Dansk Sygeplejeråd, DSR, 2015).

Increasing levels of physical violence against school teachers by their students is reported by the Danish Teach- ers Organisation (Danmarks Lærerforening, 2015), where incidents have increased by more than 50% (from 66 cases in 2013 to 102 in 2015). These cases are of physical violence, and not psychological or verbal harassment, from students. The union believes that many cases go unreported.

Sexual harassment in the workplace in Denmark is the subject of a new research study being carried out by Professor Anette Borchorst, Aalborg University, with the involvement of several trade unions. The research aims to provide more in-depth data and analysis about sexual harassment cases and to fill a research gap on sexual harassment at work, particularly in relation to the excessive documentation requirements in cases, and to evaluate workers’ compensation cases and previous sexual harassment cases in the courts.

France Research carried out in January 2014 for the French Rights Defender (IFOP, 2015) found that of 20% of interviewees had been victim of sexual harassment in the workplace, 16% on one occasion and 4% at least twice. 57% of women worked in a professional environment where sexist jokes and remarks occur frequently and 57% declare being not sufficiently informed about their rights and the prohibition of sexual harassment. 94% stated that sexual harassment is not sufficiently identified as such in the workplace. In 30% of the cases, women worked in a precarious contract (fixed term or internship) and in 25% they were isolated. In a survey on sexism and sexual harassment at the workplace by the French Superior Council on Gender Equality (CSEP, 2015), 80% of respondents stated that they were regularly confronted with sexist attitudes or decisions, having an impact on their self-confidence, their wellbeing and their performances. 86% of men think that this sexist behaviour may modify the behaviour of women. A survey in 2012 in the department Essonne covering found that 43% of the women had experienced in the past 12-month sexist harassment, 16% sexual harassment, 45% harassment (moral or sexual) and 4% sexual aggressions or rape.

Germany A survey by the Federal Ministry of Women (BMFSFJ, 2003) found that 19% of the acts of violence are committed in the workplace by colleges, superiors and third persons/clients. 52,2% of the interviewed women had experienced sexual violence and harassment either in a public space, at work or in the private sphere.

A survey by Federal Anti-Discrimination Agency (Eurofound, 2015) found that 81% do not know that their employer was obliged to protect them against sexual harassment and 70% do not know about a responsible person inside the company to talk to. 60% of Working Councils representatives stated that nothing in their company is done to prevent sexual harassment even though it is their task to ensure that the employer fulfils its prevention duties. 46% of interviewees were not aware of any prevention or measures undertaken in their companies. A further 2% of victims are dismissed as a consequence of their internal complaint and 5% quit their job in order to protect themselves.

90 Ireland A study of students’ experiences of sexual harassment by the Union of Students in Ireland (USI, 2013) found that 1 in 5 women experienced unwanted sexual attention, 11% experienced unwanted sexual contact, and 9% of women students experienced comments with a sexual overtone.

In a study on psychosocial risks (Watson, Maître & Russell, 2015), 2.3% of employees in Ireland had experienced unwanted sexual attention (in the previous month) and 5.5% had experienced bullying and harassment (in the previous 12 months).

A study by the nurses and midwives’ union, the INMO (McMahon, 2013) found that 80% of respondents indicated that they had observed bullying in the workplace. In July 2014, the survey was updated and survey found that there had been an almost 14% increase in the number of reported cases of bullying over the last four years and that 6% of respondents said they were bullied on a daily basis (INMO, 2014).

A national survey on workplace bullying (Economic and Social Research Institute, 2007) found women were more at risk of bullying 11% women reported bullying in the previous six months, compared to nearly 6% of men). The highest rates of bullying were found in the public sector in education, public administration, health and social work and transport and communications. A higher incidence of bullying was found for workers on casual contracts (14%) and temporary contracts (9%), compared to workers in permanent employment (7.6%).

Italy A survey carried out by FIT-CISL on violence and harassment against women in the transport sector revealed high levels of violence against women in the sector, and painted a picture of negative and sexualised attitudes towards women in the sector. The survey results, based on 1000 completed questionnaires, pointed to systematic sexual harassment and negative attitudes to women.

Netherlands Analysis of the FRA survey by the Dutch Institute for Gender Equality and Women’s History, ATRIA (Römkens et al., 2016) found that in the Netherlands 78% of respondents had experienced sexual harassment (not limited to the workplace) (as against the EU average of 55%). 26% of respondents had been victims of stalking (against the EU average of 18%).

The Netherlands Working Conditions Survey 2011 (TNO/CBS, 2011) found that 24% of workers in were exposed at least once to some form of third-party violence from people such as customers, clients, students and passengers, and a further 16% were exposed to workplace violence from colleagues or supervisors. The most prominent type of third-party violence is intimidation (19%), followed by harassment and bullying (7%), physical violence (6%) and sexual intimidation (5%). Intimidation is also reported to be the most frequently experienced type of work-related violence (11%), followed by harassment and bullying (8%), sexual intimidation (2%) and physical violence (1%). Nearly 9% of the female employees surveyed had been a victim of unwanted sexual attention from customers in the previous twelve months. Just under 3% had received such attention from a supervisor or colleague. Employees, who have been victimised, report in sick more often than an average of seven days per year.

A study on aggression at work found that exposure to violence leads to increased absence from work, health problems, decreasing work satisfaction and eagerness to change jobs. It is estimated that violence costs employers about 1.7 billion euros per year (cited in Römkens et al., 2016).

4% of teachers and pupils in secondary schools had experienced some form of sexual harassment. In 2007/2008, 7% of all schools reported ‘incidents’ in this area to the inspectorate (Mooij et al, 2008).

More than a third of nursing and care workers have faced sexual harassment (Rademakers et al, 2008). More than half of the cases involved remarks of a sexual nature and a third involve physical contact. A survey by students in medical training, found that 25% of medical women students had experienced sexual harassment. Three out of ten students reported that the incident had a negative influence on their work

The Ministry of Social Affairs, in cooperation with FNV, has recently carried out research about sexual violence in the Polish community. However, there is a taboo about talking about sexual violence and many women were reluctant to speak about violence. Many were in precarious work and may have feared losing their jobs if they talked about violence. FNV considers this is an issue that has been very hidden, particularly as regards migrant workers.

Slovenia A survey on sexual harassment in the workplace, dating back to 1999, found that one in every eight women had experienced sexual harassment. A further survey by the Office for Equal Opportunities, in partnership with trade unions in 2007 found that every third woman was a victim of verbal sexual harassment and every sixth woman a victim of physical sexual harassment (cited in Numhauser-Henning & Laulom, 2011). A 2008 national survey on mobbing/harassment, by the Institute for Occupational Medicine, was presented at the tripartite government Council for Occupational Health and Safety in January 2009, showed that in the six previous months, 10.4% of employees were victims of workplace harassment themselves and 18.8% had wit- nessed harassment of co-workers. PhD research carried out by Sonja Robnik, surveyed workplace bullying from a gender perspective amongst teachers. The research, carried out in partnership with Education, Science and Culture Trade Union of Slovenia, covered 700 teachers, 85% of whom were women. The research revealed that 8% of victims experienced serious forms of workplace bullying, much of which was sexualised.

91 Spain Research by the Women’s Institute (Instituto de la Mujer, 2006) an independent body under the Ministry of Employment and Social Affairs, found that nearly 15% of Spanish women reported some form of sexual harassment at work during 2005. Sexual jokes, as well as inappropriate compliments and comments were the most common type of harassment reported. The report was based on a survey of 2,007 women aged between 16 and 64 years in employment.

United A TUC (2016) survey on sexual harassment at work of 1,533 women in Great Britain found that more than half Kingdom of all women and nearly two-thirds of women aged 18 to 24 said they have experienced sexual harassment at work. 32% were subject to unwelcome sexual jokes and 28% were subject to sexual comments about their body or clothes. Nearly one in five women experienced unwanted sexual advances – with one in eight being touched intimately or kissed against their will. One in five stated they avoided certain work situations as a result of sexual harassment, and 15% said they felt less confident at work. A separate TUC poll of trade union members found that many victims of sexual harassment are do not report cases to or seek support from their trade union reps.

A 2016 survey of the University and College Union’s (UCU, 2016) women members on sexual harassment in the university/college sector, found that of the 1,953 responses, 54% reported a personal experience of some form of sexual harassment at work. 57% reported unwelcome or derogatory comments about their appearance or clothing; followed by leering and suggestive gestures and remarks (42%); physical contact such as invading personal space and unwelcome touching (38%). The least common forms of sexual harassment were offensive comments by social media (9%) and sexual assault (2%). 89% did not speak to a union representatives. They feared that complaints would be taken seriously or potential consequences (retaliatory action, professional status or relationships with colleagues). This is of particular concern as 75% worked in organisations that had a policy and procedures on sexual harassment.

A NASUWT teaching union survey on online harassment and abuse in 2016 found that 50% of members were aware of comments or information being posted online about them in relation to their role as a teacher. Many also reported online harassment of girls by boys in the school, including circulating naked photographs without consent.

A survey by the Federation of Entertainment Unions (BECTU, NUJ, Equity, Musicians’ Union and the Writers’ Guild) (2015) revealed significant levels of bullying and harassment, primarily because the majority of workers work on short term contracts or work on a freelance basis, with few statutory rights. Sexual harassment was the most commonly reported form of bullying and harassment, and included pressure to enter a sexual relationship by a person in a position of power, physical molestation, lewd gestures, comments and unwanted advances.

A 2016 survey of sexual harassment in public places by the End Violence Against Women coalition (EVAW, 2016) found that 85% of women aged 18–24 years had experienced sexual harassment/unwanted sexual attention in public places and 45% have experienced unwanted sexual touching. It particularly affects women when they travel to and from work and women who are dependent on public transport or have to walk on poorly lit streets following the end of a late shift. The survey found that almost half did conscious safety planning if they went out in the evening, such as avoiding public transport and paying for taxis, leaving early and taking a different route.

B) DATA ON DOMESTIC VIOLENCE AND DOMESTIC VIOLENCE AT WORK

Belgium A survey of 382 trade union representatives in the industrial cleaning, public services, metal manufacturing, home help, chemicals and retail sectors was carried out by FGBT on domestic violence in the workplace (2011) as part of FGBT’s participation in a Daphne III project (2009-2011). It found that a minority of men thought violence was an issue for workplace awareness-raising, in contrast, 89% of women thought it should be turned from a matter of private interest into a societal, public health and welfare at work concern. 3.30% of union representatives had already been asked directly by victims for help or information (cleaning industry and retail sector). Within these sectors, 60% of union representatives had spotted signs of physical or psychological abuse. However, only 5.72% of workplace representatives thought that union representatives needed a toolkit to act as a referral point to appropriate services. Long- and short-term sickness absences and being late for work were the most frequently cited consequences of domestic violence, which pointed to the importance of union representatives negotiating with an employer. The survey suggested that there is a lot more awareness raising that needs to be carried out with workplace representatives in order to convince them that domestic violence at work is a trade union issue.

Research on the consequences of domestic violence at work, carried out by the Liège-based anti-domestic violence group ‘Collectif contre les violences’ has highlighted the loss of self-esteem experienced by victims, which makes it difficult to build a positive self-image and maintain social contacts, which are vital in getting to work. In particular, “Experiences of violence-dominated relationships that can make the person reject all forms of authority at work, or be unable to situate themselves in an “authoritarian” set-up leaving them vulnerable to bullying.” COFACE (2011)

92 Bulgaria There is no data on domestic violence at work. The most comprehensive national study on public attitudes to domestic violence was carried out by the National Centre for Public Opinion Research in 2003 (commissioned by the Ministry of the Interior) (OSI, 2007). A survey carried out by Bulgarian NGO ‘Women and Mothers against Vio- lence’ as part of a European project on domestic violence at work (Leroy, 2011), found that of the 180 adult men and women interviewed in 18 different Bulgarian towns, 40% of respondents were personally acquainted with a victim of violence and 62.2% of people knew a woman who was being psychologically abused by a family member. 5.5% had been or were enduring physical abuse and 12.5% had experienced harassment, humiliation, verbal abuse. The report noted the significance of the findings that 49.2% of respondents (mainly men) thought that domestic violence was a private matter, while 50.8% (mainly women) thought it was a public issue.

Denmark Data from the Danish government shows that an estimated 29,000 women and 10,000 men (between the ages of 16 and 74) are victims of violence in intimate relations in Denmark each year. Data from 2005, found that of the 2,000 women who live in shelters (out of an estimated 28,000 women who are abused each year), many risked rejection from the labour market and are at risk of becoming socially marginalised because of a weak attachment to the labour market. The statistics show that abused women have a higher rate of unemployment than the general population. One of the reasons cited for this is that abused women often take sick leave. A study by the Danish National Board of Social Services (2007), found that victims of domestic violence who were working had twice as much absenteeism; twice as many women were unable to work, had switched jobs or worked part-time because of health problems caused by the abuse; and four times as many had conflicts with their colleagues. The study found that many women hide their violence in the workplace, have bad health, poor quality of working life and less influence at work, and strained relationships with colleagues.

A further report by the National Board of Social Services (2009) showed that for the 83% of women who had been in employment in the previous three years, the abuse had negatively affected their work and which made it difficult to keep a job. Thirty-five per cent of the abused women who were interviewed experienced difficulty in achieving their professional objectives as a result of the violence. Psychological and social problems resulting from the abuse influenced their participation in and contribution at work. Many were unable to work and took sick leave. 35% of women experienced difficulty finishing their work assignments as a result of the violence, and experienced loss of concentration, fatigue, depression, irritability, post-traumatic stress disorder, paranoia and anxiety. These factors resulted in a loss of productivity, the demotivation of colleagues and third parties, a higher rate of absenteeism increasing the risk that the victim will stop working. 77% of women who had worked during the last three years, the perpetrator extended his abuse to their work situation, for example, by demeaning their work, jealousy of colleagues, controlling wages, and harassment, abuse and threats in person or by phone at the workplace. 55 % were worried about what their colleagues think.

France There are very few surveys on the impact of domestic violence at the workplace. A survey by the Ministry of Inte- rior (2014) found that more than 223 000 women (1%) every year are victims of domestic violence committed by their partners (Leroy, 2011). It found that 83% of employees, who were victims of domestic violence stated that there were negative effects on their professional situation and their ability to continue to workplace. Data from the EU Daphne project “Companies Against Gender Violence” (CARVE) cites the following: 83% of employee’s victims of aggressions have negative impact resulting from the violence and have difficulties to keep their job; and 75% of the perpetrators had difficulties to concentrate and 19% provoked an accident at the workplace (CARVE, 2016b).

Germany There is limited data available on domestic violence in Germany. The 2014 FRA survey data results found that in Germany, one in three women have experienced physical and/or sexual violence since the age of 15 and 38 % of people in Germany said they knew a woman within their circle of friends and family who has been a victim of domestic violence.

Ireland In 2014, ICTU participated in a survey on the impact of domestic violence in the workplace (along with UK unions from England, Scotland and Wales). In both jurisdictions (Republic of Ireland and Northern Ireland) there were nearly 2000 responses to the survey, which found that one-third of respondents had experienced domestic violence; nearly 20% knew someone in employment who had experienced domestic violence; nearly all respondents (94%) said they thought that domestic violence can have an impact on the work lives of employees. The effects of domestic violence at the workplace included threats (70.2%), physical injury or restraint (66.5%), refusal to show up to care for children prevented them attending work (28.7%), partner hid/stole car keys or money (26.1%), partner hid or stole personal documents (16.5%). Nearly 90% said that they were harassed at work through phone calls or email messages. The survey was launched at a seminar in Belfast in November 2014 (ICTU, 2014).

Italy There has been little or no data collection or research studies on domestic violence at work, although national data and FRA (2014) shows high levels of domestic violence in Italy. According to the 2015 Italian National Institute of Statistics report, almost 1 in 3 women in Italy have disclosed physical and/or sexual violence. The percentage of women aged 16—70 that are victims of some form of violence is 31 % (20 % physical violence and 21 % sexual). According to the 2015 Italian National Institute of Statistics report, almost 1 in 3 women in Italy have disclosed physical and/or sexual violence. The percentage of women aged 16—70 that are victims of some form of violence is 31 % (20 % physical violence and 21 % sexual).

93 Netherlands The FRA study found that 41% of respondents from the Netherlands had been a victim of physical violence at some point in their lives. This is higher than the EU average of 31%. 22% of all Dutch women said that the physical violence they experienced was perpetrated by a partner or ex-partner. Approximately half the victims of violence from their current partner have experienced more than one violent incident, and approximately two-thirds of victims of an ex-partner have experienced repeated violence. Nearly one third of those who experience this violence have seen their lives changed drastically as a result. 80% of cases are committed by men. The FRA data correspond with the results of the first Dutch study carried out in 1992 into the prevalence of intimate partner violence, where one in five women (20.8%) reported that they had experienced physical violence from a partner or ex-partner. In a more recent Dutch study, published in 2010, over 11% of the women surveyed reported having been the victim of ‘obvi- ous domestic violence’ by a partner or ex-partner in the past five years (Van der Veen & Bogaerts, 2010).

Slovenia A national survey of the prevalence of domestic violence ‘The Extent and Responsiveness to Violence in the Domestic Sphere and in Partnerships’ was carried out in 2010 (co-funded by the Office for Equal Opportunities, the Ministry of the Interior/Police and the Slovenian Research Agency) (Leskošek, Urek & Zaviršek, 2010). The survey found that every second woman (56.6%) had experienced one form of violence since the age of 15. The most frequent form of violence was psychological violence (49.3%), followed by physical (23%) and property-related violence (14.1%), restriction of movement (13.9%) and sexual violence (6.5%). The survey found that victims suffered higher levels of stress, anxiety, indigestion, loss of appetite, stomach problems, headache, sleep disorders and poor concentration. The survey reported on some aspects of the impact of domestic violence at the workplace, based on information provided by respondents about how psychological and physical violence impacted on their connection with the workplace, for example, concerning restrictions on freedom of movement, stalking by partners at the workplace, and constant surveillance of victims. Some victims reported that they avoided relationships in the workplace and the majority did not tell work colleagues.

Spain Between 1 January 2003 and 31 December 2012, 658 women were killed by a partner or ex-partner, the level of which has been falling in the last few years. Surveys conducted in 1999, 2002 and 2006 by the Women’s Institute and in 2011 by the Government Delegation against Gender-based Violence, with the cooperation of the Socio- logical Research Centre showed that the number of women who feel abused by their ex-partner/ ex-spouse has doubled. It increased from 3.6% in 2006 to 7.2% in 2011. The surveys have consistently shown that domestic violence significantly affects women’s health and wellbeing (susceptibility to infections and colds, poor sleep, anxiety, low self-esteem and confidence).

United 20% of victims of domestic violence had taken a month or more off work in the previous year due to domes- Kingdom tic abuse and 56% of abused women arrived late for work at least five times a month and 53% missed at least three days off work (Crown Prosecution Service, 2015; Home Office, 2009). More than one in ten victims of domestic violence chooses to confide in a manager or colleague (Refuge, 2010). A TUC survey found that of the 3,449 respondents found that 41.6% of respondents had an experience of domestic violence (TUC, 2014).  40% stated that domestic violence affected their ability to get to work and of these nearly three-quarters stated that this was due to physical injury or restraint; another quarter stated it was due to car keys or money for public transport being hidden or stolen by the abuser.  Over one in ten of those who experienced domestic violence reported that the violence continued in the workplace. 81% stated that this involved harassing or abusive emails or phone calls, and of these the abuse took the form of their abusive partner physically turning up at their workplace or stalking them outside the workplace.  Fewer than one in three of those experiencing domestic violence discussed the violence with anyone at work and less than 10% talked to their union rep. A further one-third said that even though they had not told anyone they believed their colleagues knew about the abuse. Fear, shame and issue of privacy were reasons given for not disclosing.  who told someone about the abuse nothing really changed – 4% who told someone at work said that it made matters worse.

94 APPENDIX 3: EXAMPLES OF COLLECTIVE BARGAINING AGREEMENTS AND WORKPLACE POLICIES

This appendix covers gives examples of agreements, clauses and workplace policies from the eleven country case studies in relation to: a) gender-based violence and harassment at work and b) domestic violence at work.

A) AGREEMENTS, CLAUSES AND WORKPLACE POLICIES ON GENDER-BASED VIOLENCE AT WORK

Bulgaria: Transport Four municipal-level agreements have agreed between the transport union, FTTUB, and municipal authorities on prevention of violence against women at work: Sofia (2009), Varna (2015), Burgas (2015) and Gabrovo (2015).

Bulgaria: Transport A special chapter on ‘Protection against violence at the workplace and gender equality’ was negotiated by FTTUB in the 2010-2012 sectoral transport CBA, with joint actions by employers and unions to prevent violence and a zero-tolerance approach. The relevant clauses specify that:  The employer together with the trade unions shall take effective measures to prevent from all forms of physical and psychosocial abuse, and ensure working conditions that help to prevent workers from chronic stress, physical and mental disabilities in the workplace;  The employer shall ensure that the principle of gender equality in pay, access to training and career development is guaranteed;  The employer is obliged to pursue a policy of zero tolerance against discrimination and workplace violence in its various manifestations – physical, mental and sexual;  The parties shall develop training plans to raise awareness of managers and employees in order to identify signs of abuse and workplace violence, and to initiate preventive or corrective actions. These measures should be applicable to third-party violence;  The Employer shall develop procedures to be followed in cases of bullying or violence, which must contain: (1) Immediate and fair internal investigation; (2) Statistics; (3) Feedback; (4) Ade- quate disciplinary measures against the perpetrators to be taken if they are employees in the same establishment; (5) Support for the victim and if necessary psychological help on the reintegration process;  The employer may decide to ensure appropriate treatment the injured employee.

Bulgaria: Transport CBA between FTTUB and Bulgarian Rail on violence against women at the workplace, signed on 7 March 2012.

Bulgaria: Transport CBA between FTTUB and Sofia airport on violence against women in the workplace, signed on 25 November 2012.

Bulgaria: Education Education sector CBA of 2012 called for measures to address the illness rate of teachers and stu- sector dents and the factors that influence it (Article 6).

Bulgaria: Metal sector Sectoral collective in the metal sector (CITUB, PODKREPA and the Employers Union in the Metal Industry), 16 April 2015. Chapter 9 Social Cooperation: The parties have agreed to work together to not allow any form of direct and or indirect discrimination when implementing the labour rights and obligations in the enterprises from the sector (Article 40(3)). The parties have agreed to consult each other opinion exchange in formation and interact with joint initiatives for protection of their joint interest in the area of care and support for the most vulnerable workers and employees in the enterprises (Art. 42((4)).

Bulgaria: Energy sector National federation of energy workers’ sectoral CBA, 2013. To take measures against moral and physical abuse of a worker or employee performing their duties at the workplace. Increasing the health culture and the level of professional attitude with regards to health and safety at work.

95 Bulgaria: Postal sector Bulgarian Post CBA, 2014-2016. Chapter 7 prevention of discrimination at the workplace. Art.85, para 1: The employer commits to zero tolerance to discrimination and violence at the workplace in its various manifestations, physical psychological and sexual. Article 87(2): The unions and their branch units may 1) claim on behalf of the people whose rights have been violated, 2) act as inter- ested party in an open procedure in the case of already pending hearings, 3) submit their own claim as per Article 7(1) of the anti-discrimination act in the case of discrimination when rights have been violated.

Bulgaria: Mining of Sectoral CBA in Mining of Mineral Resources, 2015. The parties to this contract shall monitor any Mineral Resources manifestation of discrimination expressed verbally or in any other way which aims at or results in a violation of the the dignity of a person or in the creation of hostile or dangerous work environment, together with other indicators as per Article 4 (1) of the anti-discrimination act (Article 9 of the CBA).

Bulgaria: Breweries Sectoral CBA in Breweries, 27 August 2015. Article 34(1): The parties have agreed that the sector employer must guarantee the quality of work for all workers in the company and the company must undertake the measures necessary to avoid any form of discrimination.

Bulgaria: Health care The Federation of Health Service Unions and the CITUB first agreed clauses on violence at work sector in 2004, including prevention of violence and the introduction of better security in public spaces to reduce third-party violence. Clauses on violence and harassment have been included and maintained in the 2006, 2008, 2010 and 2014 agreements (under Part III of the sectoral CBA in relation to ‘Health and safety at work’), and includes prevention measures to be taken jointly between employers and trade unions and the establishment at Working Conditions Committees to investigate and deal with complaints. The Sectoral CBA in health care for 2014 states that the employer jointly with the unions must undertake efficient measures for prevention of any form of discrimination (direct or indirect), or physical or psychosocial harassment, and must guarantee working conditions that prevent the workers from chronic stress, physical and psychological damage at the workplace (Chapter 8). A sectoral CBA in health between the Bulgarian national health insurance fund, the Union of Civil Servants and the Federation of Health Care Unions, of 14 May 2015. It states that the employer shall protect the dignity and honour of the employee during the performance of their duties within the labour contract (Art. 12, para. 5). The employer shall undertake all measures provided by law – inclusive of providing legal protection against moral or physical violation against the employee during the time of performing labour duties as per labour contract (Art. 6).

Bulgaria: Draft Draft framework agreement on violence and harassment and stress at work (implementing the two framework agreement European framework agreements of 2007 and 2004), drawn up by CITUB experts (in cooperation with PODKEREPA). The employers have consistently refused to sign the agreement and it is still on the table.

Denmark: National National agreement signed by the Danish Working Environment Authority, the Employers’ Con- agreement federation and LO-Trade Union Confederation, 2001, stipulates that local agreements have to be adopted to tackle mobbing, harassment and sexual harassment at work. The agreement led to the adoption of guidelines by the Government and an amendment to the paragraph of the Min- istry of Employment Labour regulations which affirms that: “the work does not imply any risk of physical or mental health deterioration due to bullying/harassment including sexual harassment”. The agreement has led to a wide range of local agreements (principally at company levels and in municipalities/regions).

Denmark: State Sector Agreement on Cooperation and Joint Consultation Committees in State Sector Enterprises and Institutions of 2008, the parties to the agreement (State Employer’s Authority and the Confederaw- tion of Danish State Employees Organisations) agreed to incorporate a new clause on harassment and violence: “The Cooperation Committee shall lay down guidelines that ensure a working environment where employees are not exposed to mobbing, (sexual) harassment or violence from colleagues, management or a third party. The Cooperation Committee must continuously oversee that the guidelines fulfil their purpose.” (Article 5(10))

Denmark: Regional and General CBA for the Danish regional and municipalities sector, 2008, covers preventing, identify- municipal sector ing and managing harassment and violence, includes sexual harassment and third-party violence at work. The agreement, signed by the two employers’ unions (Local Government Denmark and Danish Regions) and the Danish Association of Local Government Employees’ Organisations (the joint negotiating body for 46 trade unions representing members employed in municipalities and regions), specifies that municipal and regional workplaces, through co-determination committees in each region/municipality, have to prepare guidelines on preventing harassment and violence by 1 April 2010.

96 Denmark: Local Agreement signed by the employers and the Danish Association of Local Government Employees Government Organisations, signed on 1 April 2015, set aside DKK 2 million (€270,000) to fund a study on the psychosocial working environment in the sector.

Denmark: Post Funen and South Jutland Postal Area policy on ‘Bullying, harassment and violence’, agreed in Denmark 2013, sets out the company’s intention to prevent and address harassing and offensive behaviour as part of a healthy working environment. Assistance and support is given to employees who may be affected by bullying, harassment or violence, regardless of whether they are a victim or a spec- tator, and includes harassment that takes place outside the workplace, including electronic forms of harassment via media such as Facebook, etc.

France: National CBA National CBA ‘on harassment and violence at the workplace’ signed on 26 March 2010, transposing the 2007 European Framework Agreement. The government extended the agreement with a ministerial decision on 23 July 2010. The agreement invites unions and companies to: “adopt the agreement on the company’s level, to declare that violence and harassment on the workplace are not tolerated and to foresee concrete and appropriate measures of prevention and reaction in case it occurs”. It includes a list of items, which should be dealt with on the company’s level.

France: BNP PARIBAS Agreement on Harassment and Violence at Work between BNP PARIBAS and the banking union SNB/CFE-CGC (1 July 2014), covers definitions, prevention, roles of different actors, awareness raising and training, procedures for identifying situations of harassment and complaints, the establishment of a national confidential committee and measures to protect victims and witnesses.

France: SAFRAN SAFRAN (aerospace, defence, security) CBA adopted in June 2013 on “Prevention of sexual harassment and violence at the workplace’ covers the definition harassment and violence at the workplace; identifies the measures to be taken in order to prevent and to guarantee security and to protect physical and psychological integrity; identify, alert and treat complaints of harassment and violence; support of the victims of harassment; and sanctions and measures to protect employees’ health.

France: La Poste LA POSTE CBA on ‘professional equality’, signed by all unions on the 3 July 2015 includes a chapter on ‘Violence and sexual harassment at the workplace, violence committed by clients and domestic violence’. It covers the prevention of moral and sexual harassment and La Poste commits itself to inform and communicate in order to prevent harassment. It describes its internal appeal and in the case of violence committed by a client, La Poste pays legal fees and reserves its right to file a claim against the client.

France: L’Udes L’UDES (social and solidarity economy) with twelve branches, concluded a CBA for professional equality between women and men in November 2015. Article 9 addresses the combating of gender-based violence and sexual violence. It defines the concepts; it underlines the obligation of the employer to prevent sexual harassment; it demands a special article to be inserted into the companies’ rules on the fight against sexism; and it foresees a procedure for dealing with internal and external violence in the workplace.

France: Public sector The French public sector adopted the first CBA on gender equality in the workplace on 8 March 2013. Chapter 4 of the agreement deals with the obligation to prevent all kinds of gender-based violence at the workplace as well as domestic violence detected at the workplace. Amongst the definition of the concepts, the legal obligations and sanctions, it foresees training sessions on the topic of health and security at work with a focus on the specificity of gender-based violence for all new civil servants and management. It underlines the importance of the role of the CHSCT committee to detect and prevent violence.

France: Carrefour A health and safety agreement, signed in May 2009, gives a specific focus to the fight against moral and sexual harassment, including psychological and other support for victims of aggression and violence from customers. The Global Framework Agreement between UNI and Carrefour (2015) “For the promotion of Social Dialogue and Diversity, and Respect for Basic Employee Rights” has the objective to promote social dialogue, diversity and respect of fundamental rights at work.

Germany: Volkswagen Volkswagen AG (592 600 employees, automobile and logistic industry) started in 1996 with a com- AG pany agreement, which was an initiative of the Works Council to prevent and inform of all kind of discrimination, mobbing and sexual harassment. The agreement is called ‘Partnerschaftliches Arbeiten am Arbeitsplatz’/collegial working at the workplace.

97 Germany: Deutsche Sexual harassment and violence included in a company directive called ‘Policy on personal secu- Telekom rity’, which entitles each employee to have a workplace free of physical and psychological violence and a ‘fear–free’ working environment. It aims to raise awareness and carry out training workshops for managers, including trained and nominated ‘harassment managers’ who give advice, orientation and support to employees and victims. A working group on ‘harassment management’ meets on a regular basis and gives advice and supervision to the harassment managers.

Germany: Charité – Charité – University Clinic Berlin has drafted a workplace policy in the form of a ‘directive’ on University Clinic Berlin the prevention and treatment of sexual harassment at Charité’. This directive covers in its scope employees and students of Charité and was adopted by the board in the summer of 2016. Repre- sented unions have contributed intensively on the elaboration of the directive.

Deutsche Bahn AG Deutsche Bahn AG company agreement of January 2016 ‘for equal treatment and protection against (sexual) harassment and discrimination’. It includes the legal obligations of the ADG (appeal procedure, sanctions), training sessions for managers and employees, external help-lines for staff, measures to empower and training female employees, including training on self defence against physical and sexual violence perpetrated by clients.

Ireland: Civil service In the Civil Service, an ‘Anti-Bullying, Harassment and Sexual Harassment Policy – A Positive policy Working Environment’, was negotiated in 1999 and was the first policy of its kind in the civil service in Ireland. It put an obligation on employers to have a clear, strong, robust policy in place to deal with complaints of bullying, harassment and sexual harassment. As an outcome of consultations and negotiation a new policy “Dignity at Work – An Anti-Bullying, Harassment and Sexual Harassment Policy for the Irish Civil Service” was agreed in 2015 setting out four stages for complaints. The Policy also includes details of the supports that are available to the parties of a complaint.

Ireland: Health care An ‘Anti-Bullying, Harassment and Sexual Harassment Policy and Procedure’ in the Irish health policy and procedure service recognises the right of all employees to be treated with dignity and respect and is committed to ensuring that all employees are provided with a safe working environment, which is free from all forms of bullying, sexual harassment and harassment. It foresees confidential support persons who are employed and trained to provide support and information to victims of bullying, harassment and or sexual harassment. The policy was drawn up by a Working Group comprising representatives of employers and unions.

Italy: Cross-sectoral National Framework Agreement on Harassment and Violence at work, 2015, transposed the 2007 European Framework Agreement. Signed by the three confederations (CGIL, UIL and CISL) and the employer’s organisation (Confindustria), it adopts the definitions and text of the 2007 European Framework Agreement and specifies that employers’ associations and trade unions at territorial level will, within three months from signing this declaration, meet to identify if necessary procedures and what are the most suitable structures to provide support, including psychological and legal counselling to victims of workplace violence and harassment. In compliance with the agreement, a statement/declaration is annexed to the agreement that can be directly implemented at company level.

Italy: Water sector In the gas and water sectors, national agreements with six employers’ associations were amended in 2010, and set out the roles of the national industrial relations observatory, which has the role in monitoring the implementation of agreements, including the principle of non-discrimination and violence at work.

Italy: Energy and petrol In the energy and petrol sector the national agreement includes a section on “Protection of men sector and women’s dignity in the workplace”. It specifies that “Actions will be promoted to prevent any behaviours, which may jeopardise men and women’s dignity at work. The parties, hereby, commit themselves to implementing prevention and information policies on discrimination and sexual harassment, stating the right for both, men and women workers, to live in a safe work environment that also encourages human relations, while respecting the dignity of men and women workers who are carrying out their tasks”.

Italy: Gas and water The FILCTEM CGIL, FEMCACISL and UILTEC platform for negotiation of the renewal of the gas and sector water agreement (2016-2018) includes provisions for training plans containing sessions aimed at disseminating the gender culture and respect, with the aim of preventing abuse and harassment against women, and the possibility for women who were victims of violence, to break down the leave period so that it can be taken flexibly.

Italy: Electrical sector The bargaining proposal of FILCTEM CGIL, CISLReti and UILTEC for the renewal of the national electrical agreement (2016-2018) makes reference to workplace harassment and violence, specifying that all companies are requested to sign a public “intolerance” statement.

98 Italy: food sector National agreement of 5th February 2016 on the prevention of discrimination (between the unions FAI-CISL, FLAI-CGIL, UILA-UIL and 15 employer’s associations from the employers’ body Confin- dustria) includes a ‘Joint Statement’ based on the National Framework Agreement on violence and harassment at work. The parties to the agreement commit themselves “to drawing up and finalising a national behavioural code against sexual harassment and mobbing”. The agreement includes a clause setting out the legislative provisions for an additional three months leave period for victims of domestic violence, which is in addition to the three months leave in the legislation.

Italy: ENEL The national agreement between energy unions and the company ENEL under the corporate welfare agreement ‘People Care in ENEL’ covers wellbeing and health and addresses sexual harassment and violence at work. The national agreement refers to ‘equal dignity to prevent sexual harassment and limitation on one’s freedom; safeguard the dignity of men and women in the workplace’. A 2012 report by ENEL’s National Committee on Equal Opportunities for Promoting Equality, Diversity and Respect sets out objectives to further promote equality and dignity at work, which are currently being discussed under ENEL’s ‘Policy Project for Diversity’.

Italy: Woodworking Agreement on sexual harassment in the woodworking sector signed by the three unions in the sector agreement sector (Feneal-Uil, Filca-Cisl, Fillea-Cgil) and the employer (FederlegnoArredo). Unions are using the agreement to implement territorial and company-level agreements.

Italy: Transport sector Agreement with ANAS (the national road management authority) sets out a commitment to prevent and address workplace harassment through an agreed protocol that stipulates that the company shall undertake actions and procedures to identify if cases have occurred, to guarantee confidentiality to victims and to provide health and other support to victims through the company’s Committee on Equal Opportunities.

Italy: Transport sector Agreement with ENAV (the national air traffic controllers organisation) sets out the principle that employment relations have to take place in suitable environment, with methods and conditions to guarantee equal dignity between women and men, to identify cases of harassment, to change behaviour and correct attitudes that may jeopardise the development of good relationships in the workplace.

Italy: Transport sector In the freight sector the company TNT agreed a declaration of accountability (based on the 2007 European Framework Agreement) signed on 25 January 2016. It uses the language of the 2007 European Framework Agreement notably that the company “consider unacceptable any harassment or violence in the workplace and will implement appropriate measures against those that perpetrate the actions”. It specifies that the company will promote a work environment where the dignity of everyone is respected based on principles of equal opportunity.

Italy: Transport sector In the air transport, the airline easyJet signed an agreement on 4 March 2015 on the protection of worker’s dignity and prevention of sexual harassment. The agreement states that sexual harassment and mobbing is a disciplinary infringement and that it is illegal to sanction actions that have not occurred simply to damage someone or obtain any benefit at work. Cases of sexual harassment reported to the company must be followed up in a timely manner accompanied by unbiased and confidential procedures.

Italy: Transport sector An agreement with Busitalia signed on 18 February 2015 is based on the principles set out in the national agreement and parties commit to implement equal opportunities and positive action measures, prevent, eliminate and sanction any undesired behaviours, which offend people’s dignity and which can be defined as harassment, including sexual harassment (in accordance with the legislative decree 198/2006). The agreement also covers other forms of violence, including psychological violence.

Netherlands: National The 2007 European Autonomous Framework Agreement on Violence and Harassment at Work has recommendation been translated into Dutch and is annexed to the implementing recommendation concluded by the national social partners in November 2008. The ‘Joint recommendation on harassment and violence at work’, 5 November 2008, was agreed by the Dutch social partners in the National Labour Foundation: VNO-NCW, MKB-NL, LTO-NL (employers’ organisations) and FNV, CNV and MHP (trade union organisations). It recommends that the parties engage in collective bargaining at sector and company level and take serious steps to prevent and combat harassment and violence at work. It states that it is in everyone’s interests to promote mutual respect in the workplace as this contributes to a company’s success and to employee job satisfaction.

99 Netherlands: Municipal The 2010 agreement of the Association of Netherlands Municipalities (VNG) and municipal trade sector unions, contained a new section on policies to reduce harassment and violence. It provides for the appointment in municipalities of a harassment and violence coordinator, the adoption of best practices and procedures, and an incident reporting system. This joint action between employers and trade unions has led a reduction in number of incidents in local government, as noted in the report ‘Aggression and Violence’. In 2008, 52% of employees reported incidents, while in 2010 the figure decreased to 48%.

Netherlands: Public In the public sector, safety and health at work codes and voluntary agreements have been estab- sector lished between the social partners on how to deal with violence and harassment at work, including prevention and awareness-raising. A voluntary safe workplace framework agreement in 2009 led to a number of safe workplace agreements that agree rules, prevention, reporting and dealing with cases, as well as care and support for victims.

Netherlands: Hospital In the hospital sector, the CBA for Hospitals 2009-2011 recommended a number of measures to sector prevent violence including risk inventory that gives special attention to “tackling work pressure, aggression, physical strain and violence”. In the health sector unions have highlighted the need to do more tackle sexual harassment by third-parties (clients and patients). The FNV union official responsible for occupational health and safety in the sector has an objective to raise awareness about the issue, including writing a brochure. It is one of few guidance documents that defines and deals specifically with sexual harassment.

Netherlands: Transport The Collective labour agreement ‘Multimodaal vervoer’ (multimodal transport), 2014-2015 sector addresses sexual harassment and makes recommendations such as appointing a confidential counsellor and establishing a complaints procedure and complaints committee. Article 81: Sexual intimidation and discrimination: “The employer shall conduct a policy within his company aimed at preventing and countering sexual harassment and discrimination against workers employed by him. In annex 18 of this Agreement are recommendations of the CAO parties included, by means of which the referred policy above can be supported.” Annex 18 (relating to Article 81 Sexual intimidation and discrimination CAO parties recommends to support a policy referred to in Arti- cle 81 aimed at preventing and countering sexual harassment and discrimination, in consultation between management and the works council.

Slovenia: Banking CBA for the banking sector: The employers and unions in the banking sector were the first to sign sector an agreement that includes clauses on harassment at work, including sexual harassment, which occurred before legislation was introduced. The agreement is widely regarded by trade unions as a best practice agreement, including the working environment and psychosocial conditions for work, prevention of psychological, physical and sexual harassment and harassment at the workplace; and protecting victims from such acts. The employer is obliged to regulate the prevention of discrimination, sexual and other harassment and bullying/mobbing at work, in a general document and to adopt concrete preventive measures, and procedures are set out, including the right for victims to take sick leave. The “employer has to take position towards the opinion of the trade union on the proposed general acts or to discuss those proposals with the trade union.”

Slovenia: Public A Decree on measures for protecting the worker`s dignity at work in state administration was administration introduced in 2009. Employers in state administration have a duty to protect dignity at work, which includes protecting workers from bullying, harassment and sexual harassment. The regulation provides for the appointment and training of workplace counsellors and since 2009 the Office for Equal Opportunities has trained over 600 workplace counsellors to this effect. The head of each public administration service is required to publicise the Decree. The counsellor gives information and helps the alleged victim. Good practices have been established in the police and army; these are sectors where complaints had been made of sexual harassment in the past.

Slovenia: Metal sector CBA in the metal industry: In an earlier CBA an article on preventing bullying, violence and humiliation at work was included as a measure to create a worker-friendly environment. However, a new CBA was signed in 2015, and no longer includes this article. Instead, a new Article 36 was introduced, which states that the employer is obliged to inform the trade unions at least once a year on the implementation of the measures to protect the workers from discrimination and from sexual and other forms of harassment at the workplace.

Slovenia: Hospitality CBA for hospitality and tourism: Article 10, paragraph 7 states that “every employer shall adopt and tourism and implement the measures to reduce the risks of violence by third parties”. It is one of few agreements that deal with third-party violence. Article 10 also defines (paragraph 8) that: “Employers adopt and implement measures to protect employees against violence, mobbing and harassment at the workplace.”

100 Slovenia: Non-metal CBA in the non-metal production, extraction and processing industry: Article 42 states that “the production, extraction employer and the trade union should aim to achieve efficient protection against violence, mobbing, and processing harassment and other forms of psychosocial risks at work, and to that end they should constantly inform each other, formulate proposals and agree with each other on the measures to eliminate or industry reduce all such risks that may represent a threat to the worker’s health.”

Slovenia: Electro Electro industry CBA: The agreement in Article 5(a) states that: “once a year the employer shall industry agreement inform the trade unions on the measures to protect the workers from sexual and other forms of harassment and mobbing at the workplace and shall consult the trade unions on the implementation of such measures.”

Slovenia: Petrol A Company CBA for the oil company Petrol and ZSSS (commerce sector) was signed in 2014. The company agreement employer is obliged to ensure that working environment in which no worker will be exposed to sexual and other forms of harassment or bullying/mobbing by the employer, supervisor and colleagues, to that end the employer should adopt appropriate measures to protect the workers from sexual and other forms of harassment or bullying/mobbing at the workplace and to protect workers’ personal data.

Slovenia: Mercator Workplace policy against sexual and other harassment and bullying/mobbing at the workplace Work place policy agreed by the Mercator (supermarket chain) and Mercator Trade Union (ZSSS, commerce sector). It sets out a zero tolerance approach, clear procedures in making complaints on sexual and other forms of harassment, and support to victims.

Spain: Vodafone The agreement between Vodafone and unions in Spain on a Workplace Equality Plan sets out measures to address violence at work under a ‘Protocol on Sexual Harassment and Harassment for Sexual Reasons’. It sets out the additional instruments that the Company will use to detect evidence of harassment and/or discrimination among its staff, including a fact-finding period and disciplinary measures and the dismissal of a harasser.

Spain: Cleaning An affirmative action clause is included in the sectoral CBA on the cleaning of buildings covers non-discrimination and equal treatment for all workers, with particular emphasis on women’s pro- gression into senior positions, maternity leave and continuity of bonuses and wage increases, and an equality module in the company’s annual training programme and prevention of sexual harassment to be included in Equality Plans.

Spain: Paradores de The harassment protocol of Paradores de Turismo gender equality plan, defines different situations Turismo of violence in the workplace as well as detailing which types of behaviour are punishable.

Spain: Telefonica The CBA of Telefonica Ingeniería de Seguridad includes the sanctioning of the use of electronic devices to cause or incite sexual, gender-based or workplace harassment.

Spain: Endesa Endesa group’s CBA, of 13 February 2014, addresses violence in the workplace as a health and work environment issue, with a commitment to safeguarding the working environment so that workers´ psychological health is never at risk. Special attention is paid to detecting and evaluating possible psychosocial risk factors as well as applying preventive and/or corrective measures. Victims of sexual harassment are granted paid leave of absence while they undergo psychological treatment or legal proceedings. Endesa extends its rules regarding sexual, gender-based and workplace harassment to all staff including those who have temporary contracts through employment agencies and contractors.

Spain: Renault España The Renault España CBA of 18 April 2013 sets out formal and informal processes for resolving sexual harassment cases. During this process the worker(s) involved will be offered, if possible, a different position in the company until a verdict is reached. Workers have the right to assistance from a staff representative or other person they trust in the company.

UK: Sainsbury’s Retail A workplace equality and diversity agreement with the supermarket chain, Sainsbury’s Retail, workplace policy agreed on 4 May 2011 states that: “The workplace should be free from discrimination, harassment or bullying, where everyone feels valued and respected. This means we don’t tolerate discrimination, harassment, bullying or victimisation by colleagues or managers against their other colleagues, managers, third part contractors or customers.”

UK: University of Bed- The equality and diversity policy of the University of Bedfordshire, agreed on 1 June 2011, states fordshire workplace that: “The University is committed to promoting equality of opportunity in all of its activities. The policy University aims to enable students and staff to reach their full potential, and provide them with an environment, which is free from unfair and unlawful discrimination, bullying, harassment and victimisation.”

101 UK: GMB agreement GMB negotiated Respect at Work policy with the security company G4S. The policy states that with G4S G4S is “committed to conducting business with integrity and utilising the talents of everyone providing a working environment free from any unfair discrimination, harassment, bullying and victimisation”. The policy includes a detailed explanation for the basis of the policy, clear and detailed definitions of bullying and harassment, the processes for managing harassment and bullying, training for managers and supervisors, and collection of data on complaints by gender.

UK: Entertainment Agreement between BBC and unions within the Federation of Entertainment Unions for a new sector agreement policy, ‘The Bullying and Harassment Grievance Policy and Guide’, to address complaints from staff and freelancers over bullying and harassment, which includes improved processes for handling complaints and involvement of an external expert from the initial grievance through to any subsequent appeal.

European 2007 European ‘Framework agreement to prevent, manage and eliminate violence at work’ (ETUC and European employers BUSINESSEUROPE, UEAPME and CEEP). Across Europe national social partners have reached new agreements or inserted new elements into existing CBAs at sectoral or company level, as well as drawing up jointly agreed guidance, declarations or statements.

European Social partners from the commerce, private security, local government, health and education sectors (EPSU, UNI EUROPA, ETUCE, HOSPEEM, CEMR, EFEE, EUROCOMMERCE, COESS) agreed in July 2010 guidelines to tackle third-party violence and harassment at work, for example, from customers, clients, patients and members of the public.

B) EXAMPLES OF AGREEMENTS, CLAUSES AND WORKPLACE POLICIES ON DOMESTIC VIOLENCE AT WORK

Denmark: Post The company’s bullying, harassment and violence agreed with trade unions in 2013 covers measures that managers and co-workers can implement to promote a healthy working environment by addressing violence inside and outside of the workplace. Domestic violence can affect the working environment and the postal area offers support to victims of domestic violence (Denmark: Funen and South Jutland Postal Area).

Denmark: SKAT SKAT (the state tax/revenue authority) Personnel Policy ‘Violence, intimidation and harassment’ was amended to include prevention of domestic violence at work and support to victims following the intervention of the trade union. Violence, threats and harassment can occur during or outside of the workplace and co-workers and managers have a role to play in preventing violence and threats.

France: La Poste The CBA on gender equality signed in July 2015 by all social partners represented in the company, contains in Section VIII, a specific chapter on protection against domestic violence and on violence in the workplace. It sets out psychological and practical support, including housing support, for victims of domestic violence.

France: Carrefour SA Article 2 of Carrefour’s social agreement on gender equality, signed on 18 May 2012, commits the Hypermarchés company to include as part of its Corporate Social Responsibility strategy to inform and to train employees on domestic violence.

France: PSA Peugeot Violence was addressed in a company-wide agreement in 2009 when a protocol to prevent Citroën and combat domestic violence was signed with the former Minister for Employment and Social Relations. The 2014 agreement includes an article on supporting victims of domestic violence, training of managers and workers, and encourages the various PSA sites to take action against gender-based violence. PSA Group: Company-wide agreement on developing jobs for women and equal employment opportunities for men and women, Article 4(8).

France: Orange The 2014 agreement on gender equality includes an article on gender-based violence, in the section entitled ‘Work organisation, work-life balance, health and prevention’. It sets out support measures including emergency housing for victims.

France: Ministries of The Ministries of Finance and Economy refer to gender-based violence in their 2015-2017 Gender Finance and Economy Equality Plan, and include measures for preventing violence in the workplace and in the personal sphere.

France: Michelin An agreement on ‘the development of diversity and professional equality between men and women’, signed in 2016, contains a paragraph on domestic violence and the provision of care and support for victims.

102 France: RAJA Danièle Marcovici’s RAJA Foundation, set up to support women, is the foundation of French company RAJA, a packaging specialist, which has been active on the issue of domestic violence at work since 2014, with fund raising, information and awareness-raising campaigns on domestic violence amongst its employees.

Germany: workplace A list of 16 employers providing workplace policies is published on the website of the domestic policies violence NGO Terre des Femmes. Most of these employers belong to the public sector, very often city administrations. The Body Shop, the electoral districts of Charlottenburg/Wilmersdorf and Reinickendorf, and the headquarters of the health insurance company Barmer GEK Berlin, have all established workplace policies on good practice.

Germany: municipality With the staff council, in 2011 the electoral district of Berlin Reinickendorf adopted a binding agreement on the topic called ‘NO to “domestic violence”:, courage for a confidential conversation at the workplace’, with a range of measures to guarantee the physcial and psychological protection of victims of domestic violence.

Germany: Body Shop The Body Shop published a ‘model’ of its workplace policy in 2012 setting out how victims of domestic violence can be protected and supported in the workplace. The policy includes the training of managers and raising the awareness of all employees.

Germany: Charité A draft workplace policy is being drawn up, and since 2010-2012 staff have been trained on domestic violence and the detection of it. A designated person has been appointed in the workplace for ‘protection against violence’.

Italy: Transport In the transport sector, the goal is for all new agreements to incorporate the three months’ leave entitlement. Unions want to see the legislation enforced and for leave provisions to be utilised flexibly and on an hourly basis.

Italy: Electrical sector The electrical CBA currently includes reference to violence against women in a section on women’s rights. Unions are currently putting effort into extending the leave provisions in the law, which resulted in a bargaining demand to extend the three month leave provisions in the Jobs Act to six months.

Italy: FAI-CISL, FLAI-CGIL, Joint statement on discrimination prevention in the food sector FAI-CISL, FLAI-CGIL, UILA-UIL UILA-UIL Food Sector (unions) and 15 employers’ associations from the food sector of CONFINDUSTRIA, 5 February 2016, sets out provisions of paid leave for women who are victims of gender violence of up to a maximum of 3 months to be paid for by the company in accordance with the legislation.

Italy: Chemical sector In the chemical sector several agreements have been signed on reconciliation of personal and professional life, which include a leave period for victims of domestic violence, and right to switch between part-time and full-time work.

Italy: National energy In the preparation of the national energy and water sector agreement, unions incorporated the and water sectors legal provisions contained in the 2016 Jobs Act on domestic violence leave in order to enforce legislation at workplace level. Bargaining proposals have included provision for paid leave to be flexible and for it to apply for up to six months. Women may resort to leave, and apply for this leave period of 3 months to last for longer (to be able to split it) up to six months. Unions are also putting a great deal of effort into creating a single agreement with a dedicated section on specifying that women who are victims of domestic violence are entitled to leave’.

Spain: Equality Plan Securitas Seguridad España Equality Plan of 5 July 2016 includes a commitment to publish a booklet, which details all legal measures and resources available to victims of domestic violence.

Spain: Equality Plan The Iberdrola Equality Plan of 2009 provides training for workers as part of measures to prevent domestic violence.

Spain: Equality plan Emulsa´s gender equality plan 2014-2016 rewards the completion of their domestic violence training courses with points, the same way as they would give points for professional training courses, which are taken into account for internal promotion processes.

Spain: El Corte Equality El Corte Inglés gender equality plan, of 6 August 2015, offers 4 days paid leave per year to domes- plan tic violence victims when they have to move house or they have young or disabled children in their care. The plan provides for all leave of absence caused by domestic violence to be remunerated in full and the possibility of offering bonus pay in advance to domestic violence victims.

103 Spain: Equality plan Aqualia´s 2009 gender equality plan states that domestic violence victims can vary their holiday period to any time in the year, providing there is a justifiable and accredited reason.

Spain: Equality plan Leroy Merlin´s gender equality plan builds on the provisions in the law by extending a period of job restructuring allowing a victim to choose between going back to their original position or continuing in their new post.

Spain: Equality plan The workplace Equality Plan between Vodafone and unions sets out measures to address violence at work and includes provisions to provide leave and support for victims of domestic violence.

Spain: CBA with Grupo The CBA of 3 March 2016 with Grupo Zena, offers paid leave to victims for doctor’s visits or for Zena treatment if social services or the health service deem it necessary.

Spain: CBA LIDL The 2016 CBA of LIDL supermarkets provides leave of absence of up to 3 years for domestic violence victims with the right to re-incorporate at the same professional level, if the problem is ongoing and more than 18 months have passed.

Spain: CBA Endesa The CBA of Endesa, 13 February 2014, provides for social and psychological support, medical care, legal aid and assistance, social care, and the right for victims of domestic violence to modify their working hours and have a short break for lunch so that they can work continuously. Financial aid is provided for victims, such as payment of 50% of rental costs for six months when victims have to leave their homes, as well as 50% of expenses such as for personal security and changing school of a child.

Spain: CBA Decathlon The Decathlon company’s 2014 CBA sets out a range of support measures for victims of domestic violence, including help to cover travel and moving costs.

UK: Telecom British Telecom’s domestic abuse policy sets out a range of options for line managers in managing the effects of domestic violence in the workplace, such as leave to attend appointments with specialist agencies such as police, support agencies, solicitors and housing specialists; sick leave where a victim is ill as a result of stress or injury; help and support including the Employee Assistance Programme and BT Counselling Consultants; flexible working and changing work roles in line with the company’s ‘Achieving the Balance’ policy. Other practical actions include a change to an individual’s work location, offering an advance of pay or changing payment methods, reviewing any home-based working arrangements, changing an individual’s contact details at work and ensuring these remain confidential. Were both people in the domestic dispute are BT employees, reference can be made to BT’s harassment and bullying at work policy.

UK: Retail A domestic violence policy agreed between the Coop (retail chain) and the shop workers union USDAW sets out obligations on the company to provide information for line managers and HR and resources for victims and perpetrators of domestic abuse; provide support to victims such as time off to attend meetings or counselling; provide support to perpetrators who may seek help voluntarily; provide training to raise awareness of domestic violence and understanding of the policy and guidance, and roles of line managers, HR and the Employee Assistance Programme.

UK: Local government Luton Borough Council Domestic Abuse Policy (2009) sets out the support and help available to staff who are victims or survivors of domestic abuse and provides guidance to line managers in dealing with disclosures of abuse from employees. Special paid leave of up to 20 days can be granted for appointments with support agencies, solicitors, to arrange housing or childcare, or for court appointments.

UK: Local government A policy agreed with Newcastle City Council provides for up to two weeks special leave with pay for a variety of purposes, including unforeseen personal or domestic crisis. It states that “Manag- ers should look sympathetically at requests for reasonable time-off with pay for employees who have disclosed that they are experiencing domestic violence.”

UK: Local government The Croydon Council Domestic Abuse and Sexual Violence Policy aims to improve the safety and wellbeing of victims of domestic abuse and violence, through awareness raising, support and services that reflect the diversity of the workforce.

UK: Central Workplace policy for government employees in Wales, gives guidance on how to prevent and Government address domestic abuse and violence against women in the workplace.

104 Northern Ireland: ‘Workplace policy on Domestic Violence and Abuse’ agreed with trade unions in October 2012, Belfast City Council setting out definitions of violence and abuse, confidentiality and information sharing, information and support for employees experiencing domestic abuse, information for employees who are perpetrators, information on dealing with the issue if the victim and the perpetrator work in the council, information for managers, communicating the policy and reviewing the policy. Checklists and guidelines are included as appendices.

Northern Ireland: Belfast Health and Social Care Trust and unions has agreed a ‘Domestic Violence and Abuse in the Health Workplace Policy’ (2008). It states that: “Employers and Trade Unions are committed to responding sensitively and effectively to those needing help and support as a result of Domestic Violence” and that “Employers and Trade Unions will take all reasonable steps to deal with domestic violence/abuse through the creation of a safe and supportive environment within the workplace”. A confidential support service is provided by specially trained staff and trade union representatives. Training and paid release has been provided for 30 union members to support victims of abuse by sign-posting them to relevant support organisations such as Women’s Aid.

Northern Ireland: Local Unions representing public service workers negotiated a workplace policy on domestic violence government and abuse with Belfast City Council, which was agreed in October 2012. Belfast City Council won a gold award in 2015 in recognition of its commitment to supporting employees who have been affected by domestic violence.

105 BIBLIOGRAPHY

3F (2016) Sexchikane Skal Nu Undersøges I Nyt Forskning- CARVE (2016a) Involvement of Companies in the Fight Against Gen- sprojekt. Available at: http://www.fagbladet3f.dk/temaer/ der-based Violence (National study for Spain). National research by sexchikane/333a52b52de14ceaa580c1712908f200-20151228-sex- CEPS Projectes Sociales Capucine Coustere and Gigi Guizzo. Avail- chikane-skal-nu-undersoeges-i-nyt-forskningsprojekt. able at: http://carve-daphne.eu/wp-content/resources/CARVE%20 national%20study%20Spain%20ENG.pdf ADS (Federal Anti-Discrimination Agency) (2015) Survey on sexual harassment at the workplace. Available at http://www.antidiskri- CARVE (2016b) Responding to Violence Against Women. Guide for minierungsstelle.de/SharedDocs/Downloads/DE/publikationen/ Companies. CARVE. Available at: http://carve-daphne.eu/wp-con- Umfragen/Handout_Umfrage_sex_Belaestigung_am_ArbPlatz_ tent/resources/CARVEguideEN.PDF Beschaeftigte.pdf?__blob=publicationFile&v=2 CARVE (companies against violence): http://carve-daphne.eu/ Akhtar, P. and Moore, P. (2017) The psycho-social impacts of wp-content/resources/CARVEposterFR.PDF technological change in contemporary workplaces and trade union responses. Edited by Anna Biondi and Vera Guseva. International CCOO (2014) Guia Sindical sobre violències masclistes a la feina Journal of Labour Research (forthcoming) Special Issue. (by Morreres, S, Garcia A and Sandalinas L). Secretaria de Politica Territorial i Barcelonès de CCOO de Catalunya. Available at: http:// Analyse Denmark (2015) Seksuel chikane inden for Privat Service, www.ccoo.cat/pdf_documents/2015/201501_guiaViolencia- Hotel og Restauration. Rapporten er udarbejdet af Analyse Dan- Masclista_interior_web.pdf mark. Copenhagen. CCOO (2016) No A Les Violencies Masclistes, Volem ser LLiures. Antidiskriminierungsstelle (Federal Agency on Anti-discrimination) CCOO Informe 25 de Novembre de 2016. Elaboració Alba García, (2015) Leitfaden für Beschäftigte und Betriebsräte. Lidia Sandalinas, Gina Argemir, Mar Meneses, Isabel Ortega. CCOO secretaria de la dona. http://www.ccoo.cat/pdf_documents/2016/ Arbejderbevægelsens Erhvervsråd (2016) Danskernes arbejdsmiljø informe_25N2016_CCOO.pdf Kvinder er mere udsat for chikane på jobbet. Emilie Lichtenberg & Jonas Schytz Juul. CCOO (website) CCOO participará activamente en las moviliza- ciones del 8 de marzo. http://www2.ccoo.es/comunes/recursos/1/ Baird, M.; McFerran, L.; Wright, I. (2014) An equality bargaining pub100023_Estatutos_aprobados_en_el_X_Congreso_Confederal.pdf. breakthrough: Paid domestic violence leave. Journal of Industrial Relations, April, Vol. 56, No. 2, pp. 190-207. Chappel, D & Martino, V, Di (2006), Violence at Work, 3rd Edition. Geneva, International Labour Office. Belfast Domestic & Sexual Violence and Abuse Partnership (undated) Domestic Violence and Abuse in the Workplace, A Model CITUB (2003) Workplace Violence in the Health Sector. CITUB Policy. Available at: http://belfastdvp.co.uk/themainevent/wp-con- Research Institute, Joint Programme on Workplace Violence in the tent/uploads/DV_Workplace-Policyfinalrebrand.pdf Health Sector. Sofia, CITUB.

BMFSFJ (Federal Ministry for Women, Seniors, Family and COFACE (2011) Press release, 23 November 2011. Brussels, Youth) (2003) Lebenssituation: Sicherheit und Gesund- COFACE. Available at: http://www.coface-eu.org/en/upload/10_ heit von Frauen in Deutschland. Available at https://www. Press/2011.11.22.Pressrelease.daphne-en.pdf. bmfsfj.de/RedaktionBMFSFJ/Abteilung4/Pdf-Anlagen/ langfassung-studie-frauen-teil-eins,property=pdf,bereich=bmfs- COFACE (2011) Quand les violences domestiques s’invitent sur le lieu de fj,sprache=de,rwb=true.pdf travail ou dans le processus d’insertion professionnelle. Brussels, COFACE

BusinessEurope, ETUC, CEEP, UEAPME (2007) Implementation of the Council of Europe (2011) Explanatory Report to the Council of European Autonomous Framework Agreement on Harassment and Europe Convention on preventing and combating violence against Violence at Work. Brussels. women and domestic violence. Istanbul, 11.V.2011. Available at: https://rm.coe.int/CoERMPublicCommonSearchServices/Display- BusinessEurope, ETUC, CEEP, UEAPME (2011) Implementation of the DCTMContent?documentId=09000016800d383a European Autonomous Framework Agreement on Harassment and Violence at Work. Final joint report by the European Social Partners Council of the European Union (2009), Stockholm Programme — adopted at the Social Dialogue Committee on 27 October 2011. An open and secure Europe serving and protecting the citizens, Available at: https://www.etuc.org/IMG/pdf/BROCHURE_harass- 17024/09. Brussels, Council of the European Union. ment7_2_.pdf CPHOST (2015) One in three nurses exposed to violence. 28 October CARVE (2015) Company Involvement in Fighting Violence Against 2015. Copenhagen. http://cphpost.dk/news/one-in-three-nurses- Women. National study – France. (Authors: Simon Miclet – FACE exposed-to-violence.html Margot Molenda-Pruvost – FACE Lisa Rodriguez– FACE). Avail- CPHPOST (2014) Sexually harassed woman wins record payout. 21 able at: http://www.carve-daphne.eu/wp-content/resources/ October 2014. Copenhagen. http://cphpost.dk/news/national/sexu- National%20study-FACE_EN.pdf ally-harassed-woman-wins-record-payout.html

106 CPHPOST (2016) Huge increase in violence against teachers in End Violence Against Women Coalition (EVAW) (2016) 85% of Denmark. 19 January 2016. Copenhagen. http://cphpost.dk/news/ younger women in UK have been sexually harassed in public. Sexual huge-increase-in-school-violence-in-denmark.html harassment survey. Available at: www.endviolenceagainstwomen. org.uk/news/234/85-of-younger-women-in-uk-have-beensexually- Crown Prosecution Service (CPS) (2015) Violence Against Women harassed-in-public#sthash.h2rGXrL6.dpuf and Girls Crime Report 2014/15. EPSU (2011) Netherlands: FNV Day of Action Over Violence at Crown Prosecution Service (CPS) (2015) Violence Against Women Work. Available at: http://www.epsu.org/epsucob/2011-april-epsu- and Girls Crime Report 2014/15. London, CPS. cobnews-06/day-action-over-violence-work

Cruz, A., & Klinger, S. (2011) Gender-based violence in the world EPSU (2012a) EPSU condemns violence against public sector work- of work: Overview and selected annotated bibliography. Geneva, ers: For nearly 4 years, public sector workers have been the target International Labour Organization. of austerity measures, they are now the target of direct violence. Available at: http://www.epsu.org/article/epsu-condemns-violence- CSC (website) Violences sexistes au travail: briser le silence, L’Info, against-public-sector-workers-nearly-4-years-public-sector-workers no.2, 27 January 2017 EPSU (2012b) Violence in prisons linked to cutbacks increased CSEP (High Council for Professional Equality Between Women and workloads. (Netherlands) Available at: http://www.epsu. Men) (2015) Sexisme at the workplace, between reality and denial. org/epsucob/2012-january-epsucobnews-01/violence-pris- 06/03/2015. Available at: http://www.ladocumentationfrancaise.fr/ ons-linked-cutbacks-increased-workloads var/storage/rapports-publics/154000174.pdf EPSU (2013) Endorsement of implementation report of Danish Teachers Organisation (Danmarks Lærerforening) (2015) multi-sectoral guidelines to tackle work-related third- cited in http://cphpost.dk/news/huge-increase-in-school-violence- party violence. Available at: http://www.epsu.org/article/ in-denmark.html endorsement-implementation-report-multi-sectoral-guidelines-tack- DGB (Deutscher Gewerkschaftsbund/German Unions Federation) le-work-related-third-party (2015) Sexual harassment: no means no, 03/2015. Available EPSU et al. (2013) Multi-Sectoral Guidelines to Tackle Third-Party at http://einblick.dgb.de/++co++40b3dc32-ce20-11e4-a37c- Violence and Harassment Related to Work. (EPSU, UNI Euorpa, 52540023ef1a ETUCE, HOSPEEN, CEMR, EFEE, Eurocommerce, CoESS). Available Dickens, L. (1998) Equal Opportunity and Collective Bargaining, at: http://www.epsu.org/sites/default/files/article/files/Final_ Volume 4: Illuminating the Process. Dublin, European Foundation for Multi_sectoral_guidelines_-_20_07_10.pdf the Improvement of Living and Working Conditions EPSU et al. (2013) Multi-Sectoral Guidelines to Tackle Third-Party DIRECCTE (Regional Directorate of companies and work in Essonne) Violence and Harassment Related to Work. (EPSU, UNI Euorpa, (2012) Survey on sexual and sexist violence’s against women in ETUCE, HOSPEEN, CEMR, EFEE, Eurocommerce, CoESS). Available Essonne. Available at http://old.idf.direccte.gouv.fr/IMG/pdf/ at: http://www.epsu.org/sites/default/files/article/files/Final_ DIRECCTE_VIOLENCE.pdf Multi_sectoral_guidelines_-_20_07_10.pdf

Economic and Social Research Institute (2007) Bullying in the EPSU-HOSPEEM-CEMR-UNIEUROPA-EUROCOMMERCE- ETUCE- Workplace: Survey Reports 2007. Dublin, ESRI. Available at: EFEE-CoESS (2013) Report on the follow-up and implementation of http://workplacebullying.ie/wp-content/uploads/2012/11/Bully- the multi-sectoral guidelines to tackle work-related third-party vio- ing-and-harasment-ESRI-2007.pdf lence. Available at: http://www.epsu.org/sites/default/files/article/ files/Follow-up-Report-Multisectoral-Guidelines-TPV-ALL-SEC- EIGE (2012) Review of the Implementation of the Beijing Platform TORS-FINAL-22-11-13.pdf for Action in the EU Member States: Violence against Women – Victim Support. Luxembourg, Publications Office of the European EPSU-UNI (2009) Policies, strategies and implementation: How Union Available at: http://eige.europa.eu/sites/default/files/docu- issues of third-party violence have been tackled in practice by social ments/Violence-against-Women-Victim-Support-Report.pdf partners in the commerce, hospital, private security and local and regional government sectors, Sweden. Available at: http://www. Einarsen, S., Helge Hoel, Zapf, D., and Cooper, G. (eds.) (2010) Bully- epsu.org/sites/default/files/article/files/EN_UNI_EPSU_report-2.pdf ing and Harassment in the Workplace. CRC Press. ETUC (2012) ETUC Action Programme on Gender Equality. Adopted Einarsen, S., Hoel, H., Zapf, D., Cooper, G. (eds) (2010) Bullying and at the Executive Committee on 6-7 March 2012. Brussels, ETUC. Harassment in the Workplace. London and New York, CRC Press. Available at: https://www.etuc.org/sites/www.etuc.org/files/Reso- lution_Gender_Equality_Action_Programme_EN_-FINAL_2.pdf End Violence Against Women Coalition (2016): www. endviolenceagainstwomen.org.uk/news/234/85-of-younger-women- ETUC (2014) 8th March Survey. Brussels, ETUC. Available at: in-uk-have-beensexually-harassed-in-public#sthash.h2rGXrL6.dpuf https://www.etuc.org/sites/www.etuc.org/files/other/files/ etuc_8th_march_survey_2014_en_eh.pdf End Violence Against Women Coalition (EVAW) (2011) A different World is Possible: Promising practices to prevent violence against ETUC (2016) ETUC Action Programme on Gender Equality 20116- women and girls. London, EVAW. Available at: http://www. 2019. Adopted at the Executive Committee 7-8 June 2016. endviolenceagainstwomen.org.uk/data/files/resources/20/promis- Available at: https://www.etuc.org/sites/www.etuc.org/files/ ing_practices_report_.pdf document/files/etuc_action_programme_on_gender_equal- ity_2016-2019.pdf

107 ETUCE-EFEE (2012) Social Partners in Education concerned about final. Available at: ttp://ec.europa.eu/justice/gender-equality/files/ Violence in Schools: ‘How to Prevent and Mitigate Third-Party Vio- documents/151203_strategic_engagement_en.pdf lence and Harassment in Schools’. Warsaw, 26 April 2012 Available at: https://www.csee-etuce.org/images/attachments/3d_PV_Reg_ European Commission (2016a) Focussed actions to combat violence Sem_EN.pdf against women. Joint Statement on the International Day for the Elimination of Violence against Women, 25 November 449. Brus- ETUCE, EFEE, EPSU, CEMR, UNI-EUROPA, HOSPEEM, COESS and sels. Available at: http://ec.europa.eu/newsroom/just/item-detail. EUROCOMMERCE (2010) Multi-sectoral Guidelines to Tackle Third- cfm?item_id=37131 Party Violence and Harassment Relating to Work7 on 30 September 2010. European Commission (2016b) Gender-based violence. Special Eurobarometer 2016. Summary. Brussels. Available at: http:// EU-OSHA (2003) Gender issues in safety and health at work ec.europa.eu/COMMFrontOffice/publicopinion/index.cfm/Survey/ — A review. Luxembourg, Office for Official Publications of the getSurveyDetail/instruments/SPECIAL/surveyKy/2115 European Communities. Available at: https://osha.europa.eu/en/ tools-and-publications/publications/reports/209 European Commission (2016c) Proposal for a Council Decision, on the conclusion, by the European Union, of the Council of Europe EU-OSHA (2011) Workplace Violence and Harassment: A European Convention on preventing and combating violence against women Picture. Luxembourg, Publications Office of the European Union. and domestic violence. COM(2016)109. Available at: http://osha.europa.eu/en/publications/reports/violence-harassment-TERO09010ENC European Commission (2016d), Proposal for a Council Decision on the signing, on behalf of the European Union, of the Council of EU-OSHA (2016) Sexual harassment and violence in the workplace Europe Convention on preventing and combating violence against – explained in infographics. Available at: https://osha.europa. women and domestic violence. COM(2016)111. eu/en/highlights/sexual-harassment-and-violence-workplace-explained-infographics European Institute for Gender Equality (EIGE) (2012) Review of the Implementation of the Beijing Platform for Action on the EU Eurofound (2015a) First findings: Sixth European Working Conditions Member States: Violence against Women — Victim Support. Survey. EF/15/68/EN. Dublin, Eurofound. Available at: http://eige.europa.eu/sites/default/ les/Vio- lence-against-Women-Victim-Support-Report.pdf Eurofound (2015b) Violence and harassment in European workplaces: Causes, impacts and policies. Dublin, Eurofound. European Institute for Gender Equality (EIGE) (2012), Review of the Implementation of the Beijing Platform for Action on the EU Eurofound (2015c) Sexual Harassment at the workplace. Dublin, Member States: Violence against Women — Victim Support. Eurofound. Available at: https://www.eurofound.europa.eu/obser- Available at: http://eige.europa.eu/sites/default/ les/Vio- vatories/eurwork/articles/sexual-harassment-in-the-workplace lence-against-Women-Victim-Support-Report.pdf Eurofound (2015d) Social partner organisations – the long march European Institute for Gender Equality (EIGE) (2014) Estimating the towards gender equality/Foundation Focus, September 2015 Dublin, Costs of Gender-Based Violence in the European Union: Report. Lux- Eurofound embourg, Publications Office of the European Union. Available at: Eurofound (2016) Sixth European Working Conditions Survey http://eige.europa.eu/rdc/eige-publications/estimating-costs-gen- – Overview report, Publications Office of the European Union, der-based-violence-european-union-report Luxembourg. European Institute for Gender Equality (EIGE) (2015) Preventing Eurofound and EU-OSHA (2014) Psychosocial risks in Europe: domestic violence: Good practices. Available at: http://eige.europa. Prevalence and strategies for prevention, Publications Office of the eu/sites/default/files/documents/MH0114678ENN_WEB.PDF European Union, Luxembourg. European Institute for Gender Equality (EIGE) (2016) Administra- European Commission (2009) Gender equality in the EU. Summary. tive data collection on violence against women: Good practices. Special Eurobarometer Report. Summary. Brussels. Available at: http:// Available at: http://eige.europa.eu/rdc/eige-publications/adminis- ec.europa.eu/public_opinion/archives/ebs/ebs_326_sum_en.pdf trative-data-collection-violence-against-women-good-practices

European Commission (2010) Communication from the Commission European Institute for Gender Equality (EIGE) (2016) An analysis of to the European Parliament, the Council, the European Economic the Victims’ Rights Directive from a gender perspective. Available and Social Committee and the Committee of the Regions: Deliver- at: http://eige.europa.eu/rdc/eige-publications/analysis-vic- ing an area of freedom, security and justice for Europe’s citizens tims-rights-directive-gender-perspective Action Plan Implementing the Stockholm Programme. 20.4.2010 COM(2010) 171 final. Available at: http://ec.europa.eu/justice/ European Parliament (2014a) Report of 31 January 2014, with news/intro/doc/com_2010_171_en.pdf recommendations to the Commission on combatting violence against women (2013/2004/INI). Available at: http://www. European Commission (2013) The impact of the economic crisis on europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+RE- the situation of women and men and on gender equality policies. PORT+A7-2014-0075+0+DOC+XML+V0//EN Synthesis report. Luxembourg, Publications Office of the European Union. Available at: http://ec.europa.eu/justice/gender-equality/ European Parliament (2014b) Resolution of 25 February 2014 with files/documents/130410_crisis_report_en.pdf recommendations to the Commission on combating Violence Against Women. Available at: http://www.europarl.europa.eu/ European Commission (2015) Strategic engagement for gender equal- sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2014-0126+0+- ity 2016-2019. Commission Staff Working Document. SWD(2015) 278 DOC+XML+V0//EN#BKMD-30

108 European Parliament (2017) European Parliament resolution of Holtmaat R. (2011) The Netherlands. In Numhauser-Henning, A. and 14 March 2017 on equality between women and men in the Laulom, S. (2011) Harassment relating to Sex and Sexual Harass- European Union in 2014-2015 (2016/2249(INI)). Brussels. Available ment Law in 33 European Countries. http://ec.europa.eu/justice/ at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&ref- gender-equality/files/your_rights/final_harassement_en.pdf erence=P8-TA-2017-0073&language=EN&ring=A8-2017-0046 Home Office (2015) Controlling or Coercive Behaviour in an Intimate European Women’s Lobby (EWL) (2001) Towards a common Euro- or Family Relationship. Statutory Guidance Framework, December pean framework to monitor progress in combating violence against 2015. Available at: https://www.gov.uk/government/uploads/ women. Brussels, EWL. system/uploads/attachment_data/file/482528/Controlling_or_coer- cive_behaviour_-_statutory_guidance.pdf European Women’s Lobby (EWL) (2010) Towards a Europe Free from All Forms of Male Violence against Women. EWL, Brussels. HRCT (2015) Report on Sexual Harassment: Overview of research on sexual harassment in the Nordic hotel, restaurant and tourism European Women’s Lobby (EWL) (2013) Barometer on rape in the industry. Copenhagen, HRCT. Available at: http://nordichrct.org/~/ EU. EWL, Brussels. media/Files/temaer_3f_dk/www_nu_hrct_dk/Report_on_Sexual_ Harassment___Eng.pdf FACE foundation: Website available at http://www.fondationface. org/qui-sommes-nous/ Huchet, E., Kemajou, F., and Marquet, A-C. (2015) Involvement of Companies in the Fight against Gender-Based Violence: National Federation of Entertainment Unions (BECTU, NUJ, Equity, study for Belgium. CARVE. Musicians’ Union and the Writers’ Guild) (2015) Creating Without Conflict. A Federation of Unions report examining bullying, harass- ILO (2003) Workplace violence in the health services. Fact Sheet ment and discrimination in the entertainment and media industries. (Geneva). Available at: http://www.musiciansunion.org.uk/Files/Reports/ Campaigns/FEU-Creating-without-Conflict-Survey-Report ILO (2016a) Background paper for discussion at the Meeting of Experts on Violence against Women and Men in the World of Work FOA public services union and Danish Nurses’ Organisation (2012) (3–6 October 2016). Geneva, International Labour Office. Available Dealing with Violence at Work. Available at: http://www.epsu.org/ at: http://www.ilo.org/wcmsp5/groups/public/---dgreports/---gen- epsucob/2012-may-epsucobnews-10/dealing-violence-work der/documents/meetingdocument/wcms_522932.pdf.

Freixes, T et al. (2016) Ending violence against women: The Istanbul ILO (2016b) Report of the Director-General, Fifth Supplementary Convention and beyond. Brussels, G5+.Available at: http://gender- Report: Outcome of the Meeting of Experts on Violence against 5plus.eu/wp-content/uploads/2016/11/TeresaTextEN_final.pdf Women and Men in the World of Work. ILO Governing Body, 328th Session, Geneva, 27 October–10 November 2016. Geneva, Inter- FTTUB (2010) Findings of the survey on workplace violence to national Labour Office. Available at: http://www.ilo.org/wcmsp5/ women carried out in Sofia urban transport companies [in Bulgar- groups/public/---ed_norm/---relconf/documents/meetingdocument/ ian], Sofia, FTTUB. wcms_533534.pdf. Fundamental Rights Agency (2013) EU LGBT Survey: Results INMO (2015) Executive Summary: INMO Workplace Bullying Survey at a glance (Luxembourg, Publications Office of the European Findings Over the Past 4 Years (2010-2014). Dublin, INMO. Availa- Union). Available at: http://fra.europa.eu/en/publication/2013/ ble at: https://www.inmo.ie/Home/Index/217/12310 eu-lgbt-survey-european-union-lesbian-gay-bisexual-and-transgender-survey-results Institute for Equality Between Women and Men (2010) Les expériences des femmes et des hommes en matière de violences Fundamental Rights Agency (FRA) (2014) Violence against women: psychologique, physique et sexuelle. Brussels. An EU-wide survey. Main Results. Vienna, FRA. http://fra.europa.eu/ sites/default/files/fra-2014-vaw-survey-main-results-apr14_en.pdf Instituto de la Mujer (2006) El acoso sexual de las mujeres en el ámbito laboral. Estudios e investigaciones. MTAS. Madrid, Instituto Guas, A. (2012) Gay in Britain: Lesbian, gay and bisexual people’s de la Mujer. experiences and expectations of discrimination. London, Stonewall. International Transport Federation (ITF) (Undated) Action Guide Hagemann-White et al. (2010) Factors at Play in the Perpetration on Violence Against Women. (London). Available at: http://www. of VAW, VAC and SOV, A Multilevel Interactive Model (Annex to: itfglobal.org/en/resources/reports-publications/itf-action-guide-on- European Commission Feasibility Study to Assess the Possibilities, violence-against-women/. Opportunities and Needs to Standardize National Legislation on Violence against Women, Violence against Children and Sexual ISTAT (2010) II disagio nelle relazioni lavorative: Anni 2008-2009, Orientation Violence), Publications Office of the European Union. Statistiche in breve, Istituto nazionale di statistica, famiglia e Available at: http://ec.europa.eu/justice/funding/daphne3/fund- societá. Roma, ISTAT. ing_daphne3_en.htm Karamessini M and Rubery J (2014) Women and Austerity: The Hester, M., and Lilley S.J. (2014) Preventing Violence Against economic crisis and the future of gender equality. London and New Women: Article 12 of the Istanbul Convention. A collection of York, Routledge. papers on the Council of Europe Convention on preventing and combating violence against women and domestic violence. Kelly, L., and Lovett J. (2012) Exchange of good practices on gender Strasbourg, Council of Europe. Available at: https://rm.coe.int/ equality: awareness-raising activities to fight violence against CoERMPublicCommonSearchServices/DisplayDCTMContent?docu- women and girls, Discussion paper – United Kingdom, 7-8 February mentId=090000168046e1f0 2012. European Commission.

109 Lerouge, L. (2010) Moral Harassment in the Workplace: French Mole, J. N. (2012) Labour Disorders in Neoliberal Italy: Mobbing, Law and European Perspectives. Comparative Labor Law & Policy Well-being and the Workplace. Indiana University Press. Journal, Vol. 32:109. p. 109-110 Mooij et al. (2008) Sociale veiligheid in het voortgezet onderwijs Leroy L (2011) Domestic violence: the intruder in the workplace Nijmegen, ITS. Cited in Römkens et al. (2016) op cit. and vocational integration’. Brussels, COFACE. Available at: http:// www.coface-eu.org/en/upload/08_EUProjects/Domestic%20vio- Morbeck, M. (2016) Encouraging the participation of the private lence-etude-coface-daphne-en.pdf sector and the media in the prevention of violence against women and domestic violence: article 17 of the Istanbul Convention. Stras- Leroy, L. (2010) Les violences entre partenaires: quelles répercus- bourg, Council of Europe. sions sur la vie professionnelle, quelles pistes d’action pour aider les victimes?. Brussels. Available at: www.femmesprevoyantes.be National Research Centre for the Working Environment (2012) Working Environment and Health in Denmark 2012 [Arbejdsmiljø og Leskošek, V,. Urek, M., Zaviršek, D. (2010) Nacionalna raziskava o helbred i Danmark, 2012], Copenhagen. nasilju v zasebni sferi in partnerskih odnosih: končno poročilo 1. faze raziskovalnega projekta. Ljubljana: Inštitut za kriminologijo pri National Retail Association (2016) Family Violence and the Pravni fakulteti,. Available at: available at: http://www.arhiv.uem. Australian Retail Industry: Industry Report. Queensland, Australia. gov.si/fileadmin/uem.gov.si/pageuploads/NasiljeRaziskava2010. Available at: http://www.nra.net.au/wp-content/uploads/2015/09/ pdf. 113 http://www.mddsz.gov.si/nc/si/medijsko_sredisce/novica/ RetailFV_Mar2016_Final.pdf article/1966/7575/. NCADV (2015) Facts about domestic violence and stalking. Lewis, D., and Gunn, R. (2007) Workplace Bullying in the Public Retrieved from www.ncadv.org Sector: Understanding the Racial Dimension. Public Administration Niedhammer, I., Sultan-Taïeb, H., Chastang, J-F., Vermeylen, G. and 85 (3): 641–65; Parent-Thirion, A. (2012) Exposure to psychosocial work factors in Lewis, D., Gunn, R. (2007) Workplace bullying in the public sector: 31 European countries, Occupational Medicine, Vol. 62, No. 3, pp. Understanding the racial dimension. Public Administration, Vol. 85 196–202. (3), pp. 641–65. Numhauser-Henning, A,. and Laulom, S. (2012) Harrassment relat- Leymann, H. (1992) From mobbing to expulsion in working life. ing to Sex and Sexual Harrassment Law in 33 European Countries: Publica, Stockholm. Discrimination versus Dignity. Available at: http://ec.europa.eu/justice/gender- equality/files/your_rights/final_harassement_en.pdf Local Government Denmark, Danish Regions and the KTO (Danish Association of Local Government Employees’ Organisations) (2010) NWCI/Irish Observatory on Violence Against Women Harassment and Violence in Danish Municipal and Regional Work- (2013) Violence Against Women: An Issue of Gender. places. Available at: http://www.kl.dk/ImageVaultFiles/id_46479/ NWCI, Dublin. Available at: http://www.nwci.ie/images/ cf_202/Avoiding_Harassment_and_Violence.PDF uploads/002594_NWCI_volence_booklet_20pp_mat_ lam_320gsm_cover_120gsm_silk_booklet_lo_res_FA.pdf McFerran, L. (2011) Safe at home, safe at work? National domestic violence and the workplace survey. Sydney, Australian Domestic Okechukwu, C, A., et al. (2014) Discrimination, Harassment, Abuse, and Family Violence Clearinghouse. and Bullying in the Workplace: Contribution of Workplace Injustice to Occupational Health Disparities. American Journal of Industrial McFerron, L. (2016) Domestic violence is a workplace issue; Medicine 57 (5): 573–86. Australian developments 2009-2016. Sydney, Workplace Gender Equality Agency. Available at: https://www.wgea.gov.au/sites/ Open Society Institute (OSI) (2007) Violence Against Women: Does default/files/mcferran-domestic-violence-workplace-issue-australi- the Government Care in Bulgaria? Available at: www.stopvaw.org/ an-developments.pdf. uploads/bulgaria_2.pdf

McMahon, J., et al. (2013) Report on the extent of bullying and Pillinger, J. (2010) From membership to leadership: Advancing negative workplace behaviours affecting Irish nurses. Available women in trade unions. Brussels, ETUC. at: https://inmo.ie/tempDocs/University%20of%20Limerick%20 Pillinger, J. (2014) Bargaining for equality: How collective bargaining Report%20April%202015.pdf contributes to eliminating pay discrimination between women and Mignano, N. (2010) Violences conjugales : freins ou leviers à l’inser- men performing the same job or job of equal value. Brussels, ETUC tion socioprofessionnelle ? Collectif contre les violences familiales Pillinger, J. (2017) Violence against women and men in the world et l’exclusion (CVFE) Violences conjugales: freins ou leviers à of work: Trade union perspectives and action Geneva, International l’insertion socioprofessionnelle? Cited in COFACE (2011). Labour Office. Available at: http://www.ilo.org/actrav/info/pubs/ Ministerio de Sanidad, Servicios Sociales e Igualdad (2013) National WCMS_546645/lang--en/index.htm Strategy for the Eradication of Violence Against Women (2013-2016). Pillinger, J., Schmidt, V., & Wintour, N. (2016) Negotiating for Available at: http://www.violenciagenero.msssi.gob.es/planActua- Gender Equality. Labour Relations and Collective Bargaining. Issue cion/estrategiaNacional/docs/Estrategia_Nacional_Ingles.pdf Brief No. 4. Geneva, International Labour Office; International Trade Ministry of the Interior (2014) Survey on the number of dead per- Union Confederation sons resulting from violence in partnerships, 2014. Paris. Available Russell, H., & McGinnity, L. (2011) Workplace Equality in the Reces- at http://www.interieur.gouv.fr/Actualites/Communiques/Morts-vi- sion? The Incidence and Impact of Equality Policies and Flexible olentes-au-sein-du-couple-118-femmes-decedees-en-2014 Working. Dublin, Equality Authority.

110 Pina A., Gannon, T., and Saunder, B. (2009) An overview of the litera- TUC (2015) Women and Casualisation: women’s experiences of job ture on sexual harassment: Perpetrator, theory, and treatment issues. insecurity. Aggression and Violent Behaviour. 57 14(2):126-138. March 2009 TUC (2015a) Domestic Violence and the Workplace: A TUC Survey Rademakers, J.J., van den Muijsenbergh, M.E., Slappendel, G., Report. London, TUC. Available at: https://www.tuc.org.uk/sites/ Lagro-Janssen, A.L., Borleffs, J.C. (2008). Sexual harassment during default/files/Domestic_Violence_And_The_Workplace_0.pdf clinical clerkships in Dutch medical schools. Medical Education, 42(5), 452-458. DOI: 10.1111/j.1365-2923.2007.02935. TUC (2015b) Unequal, Trapped and Controlled: Women’s experiences of financial abuse and potential implications for Universal Refuge & Respect (2010) Domestic Violence Resource Manual Credit. London, TUC. Available at: https://www.tuc.org.uk/sites/ for employers. London. Available at: http://www.refuge.org. default/files/UnequalTrappedControlled.pdf uk/2010/07/27/new-manual-to-help-employers-tackle-domestic- violence/ TUC (2016a) Combatting racist abuse in the workplace – a TUC guide. London, TUC. Available at: https://www.tuc.org.uk/sites/ Refuge and Respect (2011) It’s a difficult subject, isn’t it? Piloting default/files/CombattingracistabuseTUCguide.pdf Refuge and Respect’s domestic violence resources for employers in ‘Nordby’ County Council: An evaluation report. Available at: http:// TUC (2016b) Equality Audit, 2016. London, TUC. Available at: www.refuge.org.uk/files/Evaluation-of-Refuge-Respect-domes- https://www.tuc.org.uk/EqualityAudit2016 tic-violence-manual-for-employers1.pdf TUC (2016c) Still just a bit of banter? Sexual harassment in the Römkens, R., de Jong, T., and Harthoorn, H. (2016) Violence workplace in 2016. London, TUC & Everyday Sexism Project. against women European survey results in the Dutch context. Available at: https://www.tuc.org.uk/sites/default/files/SexualHar- Amsterdam, ATRIA. assmentreport2016.pdf

Slater Gordon (2013) Sexual harassment is rife in the workplace. TUNED and EUPEA (2016) External Violence in Central Govern- Press Release. Available at: www.slatergordon.co.uk/media-centre/ ment Administrations. Available at: http://www.epsu.org/article/ press-releases/2013/10/sexualharassment-rife-in-the-work- social-partners-address-rising-external-violence-against-cen- place-new-study-reveals/ tral-government-employees

Socialstyrelsen (Danish National Board of Social Services) (2007) UCU (2015) Stamp Out Casual Contracts: A report on UCU’s cam- Voldsramte kvinders arbejdsliv – et arbejdspapir. Servicestyrelsen paign against casualisation 2014-15. Available at: https://www. (Vibeke Lybecker Jensen). Available at: www.servicestyrelsen ucu.org.uk/media/7063/UCUs-campaign-against-casualisation---annual-report-2014-15/pdf/ucu_anticasannualreport_1415v3.pdf Socialstyrelsen (Danish National Board of Social Services) (2009) Voldsramte kvinders arbejdsliv. Available at: http://socialstyrelsen. UGT Spain (website): http://www.ugt.es/Documentos%20de%20 dk/udgivelser/voldsramte-kvinders-arbejdsliv apoyo/RESUMEN_DEL_PROGRAMA_DE_ACCI%C3%93N_ DEL_42_CONGRESO_CONFEDERAL_UGT.pdf, STUC Domestic violence at work checklist: http://www.stuc.org. uk/about/equalities/women/health-and-safety/domestic-violence/ Union of Students in Ireland (USI) (2013) Say Something: A Study checklist-for-reps of Students’ Experiences of Harassment, Stalking, Violence and Sexual Assault. Dublin, USI. STUC Sexual Harassment checklist: http://www.stuc.org.uk/about/ equalities/women/health-and-safety/sexual-harassment/sexu- UNISON (1999) Raise the Roof on Domestic Abuse: A UNISON al-harrasment-checklist Guide to Campaigning Against Domestic Violence. UNISON, London. TNO/CBS (2011) Netherlands Working Conditions Survey 2005–2011, Hoofddorp. Available at: http://www.tno.nl/content. UNITE (website) Women’s Health, Safety and Well-Being at work. cfm?context=thema&content=prop_case&laag1=891&laag2=904&- Available at: http://www.unitetheunion.org/uploaded/documents/ laag3=74&item_id=107&Taal=2 Women’s%20Health,%20Safety%20%26%20Well-being%20 at%20Work%20(Unite%20guide)11-5062.pdf Tomev, L., Daskalova, N. and Ivanova, V. (2003) Workplace violence in the health sector: Case study Bulgaria, International Labour UNITE (website) Women’s Health, Safety and Well-Being at work. Office, Geneva. Available at: http://www.unitetheunion.org/uploaded/documents/ Women’s%20Health,%20Safety%20%26%20Well-being%20 TUC (2002) Domestic Violence: a guide for the workplace. London, at%20Work%20(Unite%20guide)11-5062.pdf TUC. Available at: https://www.tuc.org.uk/publications/domestic-violence-guide-workplace UNITE (website) Zero Tolerance – Dignity and Equality at Work: Dealing with harassment, bullying and discrimination. Available TUC (2008) Gender and occupational safety and health: ‘Gender at: http://www.unitetheunion.org/uploaded/documents/Zero%20 Sensitivity’ checklist. London, TUC. Available at: https://www.tuc. Tolerance%20Guide%20June%20201611-24203.pdf org.uk/equality-issues/gender-equality/workplace-issues/health- and-safety/tuc-gender-and-occupational United Nations (UN) (2013) Agreed conclusions on the elimination and prevention of all forms of violence against women and girls. TUC (2014) Domestic Violence and the Workplace. At TUC survey Para. (yy). E/2013/27 E/CN.6/2013/11 (New York). Available at: report. London, TUC. Available at: https://www.tuc.org.uk/sites/ http://www.un.org/womenwatch/daw/csw/csw57/CSW57_ default/files/Domestic_Violence_And_The_Workplace_0.pdf Agreed_Conclusions_(CSW_report_excerpt).pdf.

111 United Nations (UN) (2014) Press release of UN Special Rapporteur Wintour, N., & Pillinger, J. (2016). The role of collective bargaining on Violence against Women Rashida Manjoo, London, 15 April in enhancing gender equality. ILO, unpublished working paper 2014, UN Special Rapporteur on violence against women, its causes and consequences. Women’s Aid (2016) Femicide Census Report. London, Women’s Aid. Available at: https://www.womensaid.org.uk/what-we-do/ United Nations (UN) (2015) UN Committee monitoring compliance campaigning-and- influencing/femicide-census/ with the International Covenant on Economic, Social and Cultural Rights, report of 22 June 2015 (Ireland). Women’s Aid Ireland (2016) Behind Closed Doors: 20 years of the Women’s Aid Femicide Monitoring Project. Dublin, Wom- United Nations Human Rights Council (2012) Report of the en’s Aid. Available at: https://www.womensaid.ie/download/ Special Rapporteur on violence against women, its causes and pdf/20161129124652.pdf consequences, Rashida Manjoo. Addendum. Mission to Italy. A/ HRC/20/16/A Zhang, T., Hoddenbagh, J., McDonald, S., & Scrim, K. (2012) An estimation of the economic impact of spousal violence in Canada, USDAW (website) Freedom from Fear campaign: https://www. 2009. Ottowa, Department of Justice, Research and Statistics usdaw.org.uk/freedomfromfear Division.

USO (undated) Resolución General y Programa de Acción. Available at: http://www.uso.es/wp-content/uploads/2014/07/Resolu- ciones-Programa-USO.pdf.

Van den Bossche, S., van der Marloes, K., Ybema, J. F., de Vroome, E., and Venema, A., 2012, Agressie op het werk [Aggression at work], TNO, Hoofddorp. Available at: http://www.tno.nl/downloads/agressie_op_het_werk_tno_rapport_r10252.pdf

Van der Veen, H. C. J., & Bogaerts, S. (2010) Het landelijke onder- zoek huiselijk geweld 2010 [The nationwide research domestic violence 2010]. Justitiële verkenningen, 8, 33–45.

Villa P and Smith M (2014) Policy in the time of crisis: employment policy and gender equality in Europe. In Karamessini M and Rubery J (eds.) Women and Austerity: The economic crisis and the future of gender equality. London and New York, Routledge

Walby S (2004) The Cost of Domestic Violence. UK Women and Equality Unit. Available at: http://www.lancs.ac.uk/fass/sociology/ papers/walby-costdomesticviolence.pdf

Walby S (2008) The Cost of Domestic Violence: Up-date 2009. Lancaster University.

Walby, S. (2009) The Cost of Domestic Violence Up-date 2009. Lancaster University

Walby, S., Towers, J., Francis, B. (2014) Mainstreaming domestic and gender-based violence into Sociology and the Criminology of violence, The Sociological Review, 62(S2): 187-214. Available at: http://onlinelibrary.wiley.com/doi/10.1111/1467-954X.12198/pdf.

Walby, S., Towers, J., Francis, B. (2016) Is violent crime increasing or decreasing? A new methodology to measure repeat attacks making visible the significance of gender and domestic relations, British Journal of Criminology. Available at: http://bjc.oxfordjour- nals.org/content/early/2015/12/31/bjc.azv131.full.pdf+html

Watson D, Maître B, Russell H (2015) Workplace Risks and Worker Outcomes in Ireland from a Comparative Perspective: An Analysis of the European Working Conditions Survey, 2005 and 2010. Dublin, Economic and Social Research Institute.

WAVE (2016) Women Against Violence Europe: Fact Sheet & Sta- tistics. Available at: http://www.big-berlin.info/sites/default/files/ uploads/1612_2016_WAVE_Statistics.pdf

Williams, F. (2016) Critical Thinking in Social Policy: The Challenges of Past, Present and Future. Social Policy & Administration, 50: 628–647. doi: 10.1111/spol.12253.

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